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18- Contract Documents - Knife River Belgrade - Baxter Lane Improvements Project from Davis Lane to North 19th Avenue
Executed Contract Documents Baxter Lane Improvements Project From Davis Lane to North 19th Avenue Bozeman, lVlontana Prepared for City of Bozeman, Montana 1 4�%�'" • _ �STOP UAW - � YJ ow-- �r , Baxter Lane Improvements Project From DavisLane to North 19th Avenue Bozeman, Montana Construction Specifications and Contract Documents o 44' Prepared by Staci Venner, P.E. Project Manager Checked by AprilGerth, P.E. Project Manager QA/QC Approval v -J Ase Jeff Key, P.E. President Date Approved y oo W AVII ROBERTPECCIA & ASSOCIATES HELENA KALISPELL BOZEMAN , P.O.Box 5663 P.O.Box 5100 3810 Valley Commons, 3147 Saddle drive 102 Cooperative Way,Suite 300 Suite 4 Helena,MT 59601 Kalispell,MT 59901 Bozeman,MT 59718 (406)447-5000 (406)752-5025 (406)284-2665 (406)449.5036 FAX (406)752-5024 FAX TABLE OF CONTENTS EXECUTED CONTRACT DOCUMENTS BAXTER LANE IMPROVEMENTS PROJECT,FROM DAVIS LANE TO NORTH 19TH AVE. CONTRACT DOC_UM_F_NTS Notice of Award Agreement Performance Bond Payment Bond Insurance Certificates BIDDING DOCUMENTS Bid Proposal Bid Bond Power of Attorney Non-Discrimination Affirmation Form BIDDING INFORMATION Addendum No. 1 Pre-Bid Meeting Minutes&Sign-in Sheet Plan Holder's List Summary of Bid Received Certified Bid Tabulations Recommendation of Award BIDDING REQUIREMENTS Bidder's Checklist Invitation to Bid Instructions to Bidders GENERAL CONDITIONS Standard General Conditions(EJCDC C-700) RPA Supplementary Conditions SPECIAL PROVISIONS Contents listed at front of the Special Provisions TECHNICAL SPECIFICATIONS Contents listed at front of the Technical Specifications PREVAILING WAGE RATES APPENDIX A. MISCELLANEOUS FORMS 1. Notice to Proceed 2. Approval of Subcontractors 3. Substitution Request Form 4. Schedule of Values for Contract Payment 5. Application and Certificate of Payment 6. Work Directive Change 7. Change Order 8. Affidavit on Behalf of Contractor 9. Contractor's Certificate of Completion 10. Certificate of Substantial Completion 11. Consent of Surety Company to Final Payment 12. Owners Acceptance and Grant of Possession APPENDIX B. GROTECHNICAI,REPORT Signal Pole Foundations and Soil Borings,July 22,2015 Pavement Evaluation,February 17,2015 APPENDIX C. 404 INDIVIDUALPERMIT Section 404 Clean Water Act,Individual Permit and Conditions MDEQ Section 401 Water Quality Certification and Conditions APPENDIX D. STREAM PROTECTION ACT 124 PERMIT Stream Protection Act(SPA 124)Permit and General Conditions 318 Authorization Review APPENDIX E. RIGHT-OF-WAY AGRRFMF,NTS Parcels: 1, lA,2,3,4,5,6,7,8, 10, 11, 12, 13 CONSTRUCTION DRAWINGS Bound under separate cover CONTRACT DOCUMENTS NOTICE OF AWARD Dated: July 16,2018 TO: Knife River-Belgrade ADDRESS: P.O. Box 9 Belgrade,MT 59714 PROJECT: Baxter Lane Improvements Project from Davis Lane to North 191h Ave. CONTRACT FOR:Project Bid Price You are notified that your Bid opened on June 19, 2018, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the:Baxter Lane Improvements Project from Davis Lane to North 191h Ave. The Contract Price of your Contract is: Four Million One Hundred Forty Seven Thousand Three Hundred Sixty Four Dollars(S 4,147,364.00). Five(5)copies of each of the proposed Contract Documents(except Drawings)accompany this Notice of Award. Three (3)sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen(15)days of the date of this Notice of Award, that is,by July 31,2018. 1. You must deliver to the OWNER Five (5) 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(Section 24-26), and the General Conditions(paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions(Article 5)and Supplementary Conditions(paragraphs SC-5.04 and SC-5.06). 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 two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN,MONTANA ATTEST: CTING Qf JY MANA(&R) (CITY CL LV9 DATE: � 1 �� ���.` `��sS3 '•' $ L • ■ . .• t O �Tj1Y CO-',a AGREEMENT FORM THIS AGREEMENT is dated as of the 3/5-rday of J V LY in the year 2018, by and between CITY OF BOZEMAN,hereinafter called OWNER,and Knife River—Bell4rade hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Reconstruction and widening of Baxter Lane from west of Davis Lane to west of North 19`h Avenue,and widening of Davis Lane at the Baxter Lane intersection.A new traffic signal will be installed at the Baxter Lane and Davis Lane intersection. The work includes street excavation, gravel base course, asphalt pavement,chip seal, curb and gutter, sidewalk, storm drain, culvert extensions, utility adjustments and relocations, street lighting, water main extensions, topsoil, seeding, and sod. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Baxter Lane Improvements Project from Davis Lane to North 19111 Avenue. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 170 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially 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 involved in proving,in a legal or arbitration proceeding,the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum(subject to adjustment as provided in the Contract Documents) of Four Million One Hundred Forty Seven Thousand Three Hundred Sixty Four Dollars ($4,147,364.00). AGREEMENT Page 1 of 6 Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions,OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Special Provisions of Contract Documents,and accepts the determination set forth in the Contract Documents of the extent of the technical data contained in such reports and drawings, and has personally completed his own field investigations. 6.3 CONTRACTOR has obtained and carefully studied(or assumes responsibility for obtaining and carefully studying)all such examinations,investigations,explorations,tests,reports and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site that otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the AGREEMENT Page 2 of 6 Contract Documents, including specifically the provisions of paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.04 of the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or- discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.7 CONTRACTOR hereby affirms it will not discriminate on the basis of race,color,religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation,gender identity or disability in the performance of work performed for the city of Bozeman. This prohibition shall apply to the hiring and treatment ofthe CONTRACTOR'S employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Article 7. CONTRACT DOCUMENTS. The Bid Documents,together with this Agreement,form the Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement,made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement(if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Proposal. 7.6 Certificates of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions including Measurement and Payment. AGREEMENT Page 3 of 6 7.11 Technical Specifications. 7.12 Montana Public Works Specifications,Sixth Edition,and City of Bozeman Modifications to Montana Public Works Standard Specifications, latest edition (by reference). 7.13 Montana Department of Transportation Standard Specifications for Road and Bridge Construction,2014 Edition,and all subsequent Supplemental Specifications(by reference). 7.14 Appendices. 7.15 Addenda listed on the Bid forms. 7.16 CONTRACTOR'S executed Bid forms. 7.17 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.18 Notice of Award. 7.19 Notice to Proceed. 7.20 Any modification, including Change Orders and Work Directive Change, duly delivered after execution of Agreement. 7.21 Any Notice of Partial Utilization. 7.22 Consent of Surety. 7.23 Approval of Subcontractors. 7.24 Substitution Request Form. 7.25 Schedule of Values. 7.26 Notice of Substantial Completion. 7.27 Notices of Final Completion and Acceptance. 7.28 Non-discrimination affirmation form. 7.29 Drawings. 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 8.NO DAMAGES FOR DELAY—OTHER CONTRACTORS It shall be the affirmative duty of each and every CONTRACTOR on the project to cooperate and coordinate the scheduling and progress of its work with that of all other CONTRACTORS.Under no circumstances shall the OWNER be liable for any damages for delay. It is further stipulated and agreed that the terms of this provision shall govern any other Contract Document as defined in this Agreement. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 9.2 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 the right to assign, transfer or-sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time fi-om any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed AGREEMENT Page 4 of 6 upon any part of the Work. 9.3 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 herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 9.4 Any amendment of modifications 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. AGREEMENT Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (CONTRACTOR) �."�GRO Up p;PORq� . C� B (SEAL &) _ 0 ' • / (ATT ST) = SEAL Title / Q.4_-S10' Cam►�� /1 1, ONTO �,• (JOINT VENTURE) By (SEAL &) (ATTEST) Title City of Bozeman ( WNER) Aoh 0 (CITY MANAGER) (SEAL &) (ATTEST) g,O ZE' • APPROVED AS TO ORM: TIN C (CITY EY) AGREEMENT Page 6 of 6 Bond No. 190040853/106935675 Mug , Document A312 TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) Liberty Mutual Insurance Company Knife River-Belgrade 175 Berkeley Street,Boston,MA 02116 This document has important legal PO Box 9 & consequences.Consultation with Belgrade,MT 59714 Travelers Casualty and Surety Company of America an attorney is encouraged with One Tower Square-2SHS,Hartford,CT 06183 respect to its completion or Mailing Address for Notices modification. OWNER: Liberty Mutual Insurance Company Any singular reference to (Name,legal status and address) Attention:Surety Claims Department Contractor,Surety,Owner or 1001 4th Avenue,Suite 1700 other party shall be considered City of Bozeman Seattle,WA 98154 plural where applicable. 121 N.Rouse Ave. Bozeman,MT 59771 CONST CTION CONTRACT Date: 7 3//f o Amount:$4,147,364.00 Description: (Name and location) Baxter Lane Improvements Project from Davis Lane to North 19th Avenue BOND Date: -7I31/1Q GRp (Not earlier than Construction Cm tract-86 R pQ9 A/ri; Amount:$4,147,364.00 . ` �� 90 ?� r 6,,44 Modifications to this Bond: Nbf 96 jee Section 16 CONTRACTOR AS PRIN(?r5 6 .' ORETY Company: (G�rlvY�i NW)0"\'Company: (Corporate Seal) �trosuq Knife River-Belgrade t i 1*t t+ oA a g Liberty Mutual Insurance Company � It '- 1912 3 Signature: � afore•C� m, ss'4rH1`���� * Name Famela L. Michalies-Asst. SO-CRame HeatherR.Goedtel and Title: and Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATIONONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Willis of Minnesota,Inc. (Architect,Engineer or other party:) 8400 Normandale Lake Blvd.,Suite 1700 Bloomington,MN 55437 Phone: 763.302.7100 S-18521AS 8/10 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 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 the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S-1852/AS 8/10 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5A,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 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 the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 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 a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the 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. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-1852/AS 8/10 §16 Modifications to this bond are as follows: ``111111110��, - .. GROUP j`' 01, (Space is provided belowfor adtWtionirl sig&E added par7les,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL 1990 = SURETY Company: (Corporate Seal).- Company: (Corporate Seal) %, 1..• ' `�� Travelers Casualty and Surety Company of America •�Signature: �+ 1 ignature: Name and Title: Name and Title:Heather R.Goedtel,Attorney-in-Fact Address Pamela L. Michalies-Asst. Sec. Address 8400 Normandale Lake Blvd.,Suite 1700 Bloomington,MN 55437 8-18521AS 8110 Bond No. 190040853/106935675 Labe ov - mututzl. Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) Knife River-Belgrade Liberty Mutual Insurance Company PO Box 9 175 Berkeley Street,Boston,MA 02116 This document has important legal & consequences.Consultation with Belgrade,MT 59714 Travelers Casualty and Surety Company of America an attorney is encouraged with One Tower Square-2SHS,Hartford,CT 06183 respect to Its completion or Mailing Address for Notices modification. OWNER: Liberty Mutual Insurance Company An singular reference to Attention:Surety Claims Department y g (Name,legal status and address) 1001 4th Avenue,Suite 1700 Contractor,Surety,Owner or Seattle WA 98154 other party shall be considered , City of Bozeman plural where applicable. 121 N.Rouse Ave. Bozeman,MT 59771 CONSTRUCTION CONTRACT Date: Amount:$4,147,364.00 Description: (Name and location) Baxter Lane Improvements Project from Davis Lane to North 19th Avenue BOND Date: ``t�rlrtlt�riir�0a (Not earlier than Construction Contratii' � •' QOR AT Amount:$4,147,364.00 . 0 Modifications to this Bond: _ Si:e Section 18 g0 CONTRACTOR AS PRINCIPAL'• 1g 'SURETY Company: 'tiCorp we.Set • QC�alnpany: (Corporate Seal) trtsu Knife River-Belgrade.- P� JP� qqa i� M�N1 �%'I iberty Mutual Insurance Company ��aco�o+ttr �f'itF11i1i�e 1912 g Signature: tore �' ssncx>nt= Name r c ,�`�ame eather R. oedtel and Title: r amela L. MlChalleS-ASSt. O`AndTitle: Attorney-in-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Willis of Minnesota,Inc. (Architect,Engineer or other party:) 8400 Normandale Lake Blvd.,Suite 1700 Bloomington,MN 55437 Phone: 763.302.7100 S-2149/AS 8/10 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have famished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to fumish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable. attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attomey's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. S-2149/AS 8/10 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,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 Construction 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. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.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 Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the 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. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. S-2149/AS 8/10 §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: (Space is provided below for additiorfal siA3,E ts�f added parties,other than those appearing on the cover page.) CONTRACTOR AS PRDiMPAL qn SURETY Company: fCoro�ra7e`5ea1): Company: (Corporate Seal) * Travelers Casualty and Surety Company of America ., 111 1 � Signature: Signatur Name and Title: Name anQtl AHeather R.Goedtel,Attorney-in-Fac Address Address 8400 Normandale Lake Blvd.,Suite 1700 ["ul"( ela I. MiCh0iiCS-Assi. SEC. Bloomington,MN 55437 S-2149/AS 8110 Surety Acknowledgment State of Minnesota } } ss. County of Hennepin } On this day of 20 ,before me personally came Heather R. Goedtel, to me known, who being by me duly sworn, did depose and say that she is the Attorney-in-Fact of Liberty Mutual Insurance Company & Travelers Casualty and Surety Company of America described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/she/his name to it by like order. KELLY NICOLE BRUGGE0' Notary Public NOTARY PUBLIC-MINNESOTA Commission Number 31076678 �6� `� MyCommissenEzpuesJanuary31,2021 I THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. I This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.8128852 i Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY i KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint. I Nicole Langer;Blake S.Bohlig;Kelly Nicole Bruggeman;Brian D.Carpenter;Heather Fl.Goedtel;Michelle Halter;Jessica Hecker;Craig Olmstead;Jill N.-Swanson i all of the city of Bloomington state of MN each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings;bonds,recognizances and other surety obligations,in pursuance of these presents and shall E be as binding upon the Companies as if they have been duly signed by president and attested by the secretary of the Companies in their own proper persons. I IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 19th day of June 2018 M HNS 'a The Ohio Casualty Insurance Company rn g Liberty Mutual Insurance Company ai y f v , 912 1991 2ZWest American Insurance Company = �n t STATE OF PENNSYLVANIA ss David M.Carey,Assistant Secretary COUNTY OF MONTGOMERY C ,i On this 19th day of June 2018 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v F- `'j = a Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such, being authorized so to do,execute the foregoing instrument for the purposes W v therein contained by signing on behalf of the corporations by himself as a duly authorized officer. _ c.. E t N, > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O CL �p PA6t COMMONWEALTH OF PENNSYLVANIA � Q M ����hsorttve4�F�� Notarial Spa 1fir'[ � /q Q �J p d t C N i Teresa-Paste,la;Notary Public BY -- _ — -- -.0.a F , L or , Upper'aterionTwp.,Montgomery County Teresa Pastella,Notary.Public y y_:: F �� My Commission Expires March 28,2021 � Rf 'Y NSV1-vP G , I N ® O7Q pU�v� Member.Pennsylvania Association of Notaries 0 E i .f This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ;N p Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: G ++rn l ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject - C L to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to actin behalf of the Corporation to make,execute,seal, 4 a ,e acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective -a 3: j = powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When soru N executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >CD f�s the provisions of this article may be revoked at anytime by the Board,the Chairman,the President or by the officer or officers granting such power or authority. a+CV _ ARTICLE XIII—Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, r—o0 l a) and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L M seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their o0 ( v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. U to Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- I.0 r I fact as may be necessary to act on behalf of the Company o make,execute,seal,acknowledge and deliver as surety any and all undertakings;;bonds,recognizances and other surety obligations. i Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the l Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Libert Mutual Insurance Company, and West American Insurance Company do Y g Y YYP Y I hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. I IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 20 r 0 19 1912 1991 v By: Renee C.Llew ssistant Secretary i I 284 of 1000 LMS 12873 022017 Travelers Casualty and Surety Company of America A11111111111h, Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Heather R.Goedtel of Minneapolis,Minnesota,their true and lawful Attorney-in-Fact to sign, execute,seal and acknowledge any and all bonds, recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. ao bJHPA�RtirF AOh{10Da.G � OTIN OWGU cow State of Connecticut By: City of Hartford ss. Robert L.Raney,Se or Vice President On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. G T� My Commission expires the 30th day of June,2021 TAq � R C �LiM�A�► Marie C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman, the President,any Vice Chairman,any Executive Vice President, any Senior Vice President,any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond, recognizance,contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day of , �///pwsw�y� yJrrr ANo� �� ��RIFOND, � iP NPATFOfiD, COtU7. Q ; CONK. SIX Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power ofAttorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fad and the details of the bond to which the power is attached. ACO)p-� © DATE(MM/DD/YYYY) g@ EVIDENCE OF PROPERTY INSURANCE 07/24/2018 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW.THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY PHONE A IC No, o Ext COMPANY Marsh USA Inc. Zurich American Insurance Co 333 South 7lh Street,Suite 1400 Minneapolis,MN 55402-2400 CN102299309-BR113-18-19 FAX E-MAIL WC, IC No): ADDRESS: CODE: SUB CODE: AGENCY CUSTOMER ID#: INSURED LOAN NUMBER POLICY NUMBER Knife River-Belgrade CPP3704500-16 PO Box 9 Belgrade,MT 59714 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 01/01/2018 01/01/2019 TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION Re:Contract Amount:$4,147,364.00. Baxter Lane Improvements Project from Davis Lane to North 191h Avenue. 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION PERILS INSURED BASIC BROAD SPECIAL COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE 'All Risk'Blanket Real and Personal Property including 25,000,000 25,000 Boiler Machinery,earthquake,flood and wind perils. Leased/Rented Contractor's Equipment($2,500,000 per item,$5,000,000 per occurrence) 5,000,000 25,000 Builder's Risk/Installation(See Attached) 25,000,000 5,000 REMARKS(including Special Conditions Owner and Landowners;Robert Peccia and Associates;and their consultants;and their respective directors,officers,partners,employees,agents,and other consultants and subcontractors of all is/are included as additional insured where required by written contract.Waiver of subrogation is applicable where required by written contract. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST CHI-009027678-02 NAME AND ADDRESS X ADDITIONAL INSURED LENDER'S LOSS PAYABLE LOSS PAYEE MORTGAGEE City of Bozeman LOAN# Attn:Robert Peccia&Associates PO Box 1230 Bozeman,MT 59771 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee0.�0, ACORD 27(2016103) ©1993-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102299309 LOC#: Minneapolis ACC31,RV ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSURED Marsh USA Inc. Knife River-Belgrade PO Box 9 POLICY NUMBER Belgrade,MT 59714 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 27 FORM TITLE: Evidence of Property Insurance BUILDERS RISK COVERAGE DURING COURSE OF CONSTRUCTION SUBJECT TO POLICY TERMS AND CONDITIONS. Any one Building,Structure or Project--$25,000,000 Limit(Deductible$5,000) Transmission and Distribution Lines Work—$25,000,000(Deductible$5.000) Paving,Decking of Bridges--$25,000,000 Limit(Deductible$5,000) SewerM'ater or Plumbing--$25,000,000 Limit(Deductible$5,000) Flood-$25,000,000 Limit per Occurrence and Annual Aggregate(Subject to a minimum$5,000 deductible) Earth Movement-$25,000,000 Limit per Occurrence and Annual Aggregate(Subject to a minimum$5,000 deductible) Earth movement in Zones 1 and 2 are subject to a per Occurrence and Annual Aggregate limit of-$15,000,000(Subject to a minimum$5,000 deductible) Other deductibles may apply as per policy terms and conditions. I I I ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CONVIMCM MSURANCE MIN *Jk�N"I.WN-V Liberty ( Thankyou • choosing AW i P ( Liberty ( Welcome to Liberty Mutual Commercial Insurance. Please accept this confirmation of coverage for the following lines of business: ( Type of Coverage Policy Number Policy Company Name NAIC# Period ( Owners Contractors 07/20/2018 [;F2-641-444834-728 i — Liberty Mutual Fire Insurance Co 23035 ( Liability Policy 07/20/2019 ( ( Please review the documents and requests for additional information included with this confirmation. If you have any questions, call or email me or your Account Executive: ( ( Nola Benoit, Mark Coel, I Suzy Stoner, Account Manager Underwriting Consultant Senior Account Analyst (866)585-0993 (312)631 -2672 F_ (312)631 -2631 nola.benoitPIibertymutual.com mark.coel(a)libertymutual.com suzy.stonerplibertymutual.com OCP Policyholder Detail ( lPolicyholder Name and Address: Limits of Liability: ( City of Bozeman Robert Peccia&Associates $ 1,000,000 Occurrence ( PO Box 1230 $2,000,000 Aggregate ( Bozeman, MT 59771 Contractor Name and Address Contract Number and Location Knife River Project: 28184033 Baxter Lane Improvements Project P.O. Box 9 from Davis Lane to North 19'h Avenue Belgrade, MT 59714 Roadway Construction from Sub-base to Asphaltic Paving ( Job Description: Roadway Construction from Sub-base to Asphaltic Paving ( Additional Insured: The Engineer and the Engineer's Consultants, and include coverage for the respective directors, officers, partners,employees,agents and other consultants and subcontractors of all such ( additional insureds. ( Premium:$3370.00 ( ( ( MONTCON-09 JMCMILLAN CERTIFICATE OF LIABILITY INSURANCE D 07/19/201 YY) 07/19/2018 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 poilcy(les)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). PRODUCER I N%OEACT Billings Office I PHONE Paynewest Insurance,Inc. (Arc,No,E.* 06)238-1900 (Ai58,Noi:(406)246-9887 P.O.Box 30638 ER06s:_ Billings,MT 69107-0638 r- -- I_-- INSURER(S)AFFORDING COVERAGE _ � NAICfI INsuRERA:Safety National Casual Corporation 116106 INSURED INSURER B JTL Group,Inc.DBA Knife River-Belgrade NSURERC: A Member of the MCCF - - - ----- -- — _— -- PO BOX 9 1 INSURER D: Belgrade,MT 69714 INSURER E: INSURERF: 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. _ IN SR TYPE OF INSURANCE AD16111 DL SUBRI pOL1CY NUMBER I POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE I S CLAIMS-MADE OCCUR I DAMAGES(RENTED — PREMISES occurrence S _ MED EXP Any one person is PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE POLICY O ❑LOC PRODUCTS-COMP/OP AGG 5 OTHER: JE COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident S ANY AUTO ( BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Peraccidenl I S AUTOS ONLY AUTOS NED teo, Ec,ntDAMAGE 5 i I ONLY UMBRELLA LIAR H OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTIONS S TH- WORKERS COMPENSATION 1SJgTUTE EEO AND EMPLOYERS'LIABILITY YIN oFFICER/MEEIMggO���F�(CLUDE�9 ECUTIVE NIA E.L.EACH ACCIDENT $ (Mandatoryln NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A Workers Compensation SP4064461 01/01/2018 01/01/2019 Coverage A Statutory DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Subject to the terms and conditions of the policy as Issued by the Insurance Company.SIR for Work Comp$1,000,000 per occurrence.Covers Montana State Resident Employees.All claims are administered by the Montana Contractor Compensation Fund(MCCF). Baxter Lane Improvements Project from Davis Lane to North 19th Avenue CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ION DATE THEREOF, NO City of Bozeman;Robert Peccla&Associates ACCORDANCE WITH THE POLICY PROVIS ONSCE WILL BE DELIVERED IN PO Box 1230 Bozeman,MT 69771 AUTHORIZED REPRESENTATIVE I ACORD 26(2016/03) ©1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD —0 DATE(MM/DDIYYYY) k.� CERTIFICATE OF LIABILITY INSURANCE 07/20/2018 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). PRODUCER CT Marsh USA Inc. NAME` FAX 333 South 7th Street,Suite 1400 AHONNo.Ext: A C No): Minneapolis,MN 55402-2400 Attn:MDU.CertRequest@marsh.com [E-MAILADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN102299309-JTLBE-GAX-18-19 INSURER A:Liberty Mutual Fire Ins Co 23035 INSURED KnifeRiver-Belgrade INSURER B:NIA N/A PO Box 9 INSURER C:Liberty Insurance Corporation 42404 Belgrade,MT 59714-0009 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CHI-009027671-01 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS POLICYNUMBER MM/DD/YYYY MMIDD/YYYY A X COMMERCIALGENERALLIABILITY TB2-641-005097-048 01/01/2018 01/01/2019 EACH OCCURRENCE S 2,000,000 F_v_1 DAMAGE To RENTED CLAIMS-MADE OCCUR PREMISES E.occurrence) S 500,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE s 4,000,000 POLICY a JEC LOC PRODUCTS-COMP/OPAGG S 4,000,000 OTHER: IS A AUTOMOBILE LIABILITY Al2.641-005097-058 01/01/2018 01/01/2019 COMBIN dent) LE LIMIT $ 2,000,000 accident IXX ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED X NON-OWNED PROPERTY DAMAGE s AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE s EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS s C WORKERS COMPENSATION WA7-64D-005097-018(AOS) TTIU/ 18 01/01/2019 X IPER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? N NIA E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) "MT Employers Liability Only' E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Baxter Lane Improvements Project from Davis Lane to North 19th Avenue. Owner and Landowners;Robert Peccia and Associates;and their consultants;and their respective directors,officers,partners,employees,agents,and other consultants and subcontractors of all is/are included as additional insured under general liability per the attached CG 2010 and CG 2037 endorsements and does not include professional liability coverage. Blanket Additional Insured for Automobile Liability is included per attached designated Insured Endorsement CA 20 48. Primary and Non-Contributory applies for General Liability per CG 20 01 attached. CERTIFICATE HOLDER CANCELLATION City of Bozeman SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:Robert Peccia&Associates THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 1230 ACCORDANCE WITH THE POLICY PROVISIONS. Bozeman,MT 59771 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjeen�v�rroL+% ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102299309 LOC#: Minneapolis ACOWEO ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc. Knife River-Belgrade PO Box 9 POLICY NUMBER Belgrade,MT 59714-0009 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance General liability policy includes contractual liability but only to the extent provided in the policy. No explosion,collapse or underground damage exclusion is included on the general liability policy. The above captioned general liability policy does not include an exclusion for subsidence. Blanket Waiver of Subrogation,where allowed by law,applies for Automobile Liability per Endorsement CA 04 44 attached. Blanket Waiver of Subrogation,where allowed by law,applies for General liability per endorsement CG 24 04 attached. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number AI2-641-005097-058 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): Per schedule of certificate Per schedule of certificate holders on file 90 holders on file with the Company with the Company A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 0511 ©2011 Liberty Mutual Group of Companies.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. POLICY NUMBER: Al2-641-005097-058 COMMERCIAL.AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER F TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO U (WAIVER F SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s)Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contact if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 Oc Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: Al2-641-005097-058 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. This policy will be primary and non-contributory to any like insurance available to the person or organization noted above. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form, CA 20 48 10 13 Q Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER:TB2-641-005097-048 CC)IM NIE"RO I AL OENEROU LIP IL i*i Y GG 20 01 04'13 E J OTHEMED U," H Thk iendorsement modifies insurance Provided wlckar thc-i folloy/Ing: COMINIERCIAL GENJEP�1_LIAMILITY GOVERI-W-.iE PART PRODUCTSICOMPLETED OPERATIONS LV\[31f_.IT`Y COVERAGE PART Thia followinQ is added to the -,T har lw3ura f2l� You have agreed in w(rifing In a contract or _ Jtf e ronz_) Condition and supersedes any provision to Nhe agreement that this 111SUMVIGO WOUld be contrary: primary and would not seek contribution Primary And Noncontributairy inourance from any other insurance available to the additional insured. This insurance is primary to and laill not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional Insured is a Named Insured Linder such other insurance; and J1 CG 2tt 011 04 is @ Insurance Services Office, Inc., 2012 Pago I of I POLICY NUMBIER: T132-641-005097-048 C-011JI M E-RZC JAL'Gi EM ERAL LIAS I U-0�i ce 20 10 64 13 TiMVE,; -T C.7-1AVIf F-3 TR,11� 14 D 011-Y "I'. D' I [REMK [-A BUN91J I LESS �- a 0,11, G' jT- 3 Sr I� FE U L PE S;Ju) M 0 R - AMEDR R This �.ridarsunient rriodifias insurance proAdediunder ihe. kAowing: CONUMEM-4AL GENERAL LIABILITY GOVIE-RAGE PART A, Socfion 11 — Who Is An Ina- unztj is amended to 1. All vim-K including m Eittedals, parts or equipment include as an additional insured the person(s) or furnished in connection with such 1"rk, on the organization(s) shown in the Schedule, but only project (other than service, maintenance or with respect to liability for "bodily injury, "property repairs) to be performed by or on behalf of the damage" or "personal and advertising injury" additional insured(s) at the location of the caused, in whole or in part, by: covered operations has been completed;or 1. Your acts or omissions; or That portion of "your work" out of which the injury or damage arises has been put to its The acts or omissions of those acting on your behalf, intended use by any person or organization other than another contractor or subcontractor in the performance of your ongoing op--rations for engaged in performing operations fora principal the additional insured(s) at the locatlon(s) as a part of the same project. designated above. C. With respect to the insurance afforded to these However: additional insureds, the following is added to 1. The insurance afforded to such additional Section 1111I—Limits Of Insurance: insured only applies to the extent permitted by If coverage provided to the additional insured is law;and required by a contract or agreement, the most we 2, If coverage provided to the additional insured is will pay on behalf of the additional insured is the required by a contract or agreement, the amount of insurance: Insurance afforded to such additional insured 1. Required by the contract or agreement;or "ill not be broader than that which you are required by the contract or agreement to provide 2. Available under the applicable Limits of for such additional Insured. Insurance shown in the Declarations; B. With respect to the insurance afforded to these whichever Is less. additional insureds, the following additional This endorsement shall not increase the applicable exclusions apply: Limits of Insurance shown In the Declarations. This insurance does not apply to "bodily injury" or property damage" occurring after: CG 2010 0413 ISO Properties, Inc.,2012 Page 11 of 2 Q SCHEDULE Name Of Additional Insured Person(s) Or OE anlzatlon s Lacation(o Cif Covered Operations All persons oh,organizations for whom you Have All looations as regaireA by a+nrritten contract or entered into a weItten contract or agreement, Prlor W agreement on es d Into prior to an 1s0ccurrance" an ,o rrence"or wens%to provide addKional or offense, instwed stator. Information requirad to complete this Schedule, it riot shown above, will be shown in the Declarations._ GG 2010 0413 Insurance Services Office, Inc.,2012 Page 2 of 2 POLICY NUMBER, T132-641-005097-048 COMMERGIekl-GEHERAL LIABILITY GG 20 3 7&413 "Y LUE P D TN '" EJ- IKREFL1LLY- M AC70R!F`t 0- RL, TED OPERATJJCCIN�N,18 -l-his, a ndoi�-amp nt nnod Mies in,ui--anco pr(-)vidp,(,I u ndar ails:a fo I I ovifing: COMMERCIAL GENERAL LVkBILIPi/COVERAGE PART PP�ODUCTS/CO�viPl.ETEDC)i-3E-R,IAI'[Oi'NIS LIABILITY COVERAGE PART IriourA1 Fjei-ormt'*) Or O5ganb,-'3fl7a5-L-s) cription LX Com p lezaaed Or,,�rcj�Iors U�ation And E Dsa-s All Persons or organk:@tiona ibF,,uhom you have tAW locaflon-s 2!7, required by a virittep contractor entered into z-oYRIten contract or agraernont, prier agreermant ontered lnka prior itn wan "oeeuvranck)"a)r to an 01,offense-,to-provideadditlanall bffensta. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section If -Who is An Insured is amended to S. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the fallowing Is added to organization(s) shown in the Schedule, but only Section III-Limits CK Insurance; with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by your work" at the location designated and required by a contract or agreement, the most we will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement;or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations-, 11. The Insurance afforded to such additional whichever Is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law;and Limits of Insurance shown in the Declarations. 2, If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 113 O Insurance Services Office, Inc., 2012 Page 1 of 1 TB2-641-005097-048 Fi I OF THGAUA NIM NSET� OOTF ERRIGSHT WEP [ VoH SCF TO US This endorsement modifies insurance provided u nd--r the following: COMMERCIAL(335NIERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY 11"'O1tERAGE ,1PART "JIL OdfA, ,r Ia lnforrnabon MqL r �O to gill be sltoF. rs in the Dvclarations. The following is added to Paragraph 8. Transfer CK Rights Of Reaoveyy Against Others To Us of Section IV—CondItIons: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work" dorv-- under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 OA 05 09 OQ Insurance Services Office, Inc., 2008 Page I of I ,E_El K30R5_11,EiNQEEqT CPH ANiNIGES TME POUCY. PUEZ—fISE RVEAU ff CARkE_-FUWa,% Th ESP zAANEEU 0 0 PTRUC HP EEC OX T(S G1 rllt iifi?A FE UH V� This andorsernent modifies insurance provided under the following: Of- N41VIEROW.GENERAL I,VV0 _1 i"I'filf-ld I i L Information requirod io Complete this Schedule, if flO�'.shogun above,will be shwAin in th-, Declarations. A. For all :sums which the in5urad becomes legally 3. Any payments made under Coverage A, for obligated to pay as damages caused by "occur- damages or under Coverage G 'for medical rences" under Section I-Coverage A,and for all expenses shall reduce the Designated Con- medical expanses caused by accidents under struction Project General Aggregate Limit for Section I -Coverage C, Mitch can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1 A separate Designated Consftuction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project i9nated construction project, and that limit is shown In the Schedule above, equal to the amount of the General Aggregate 4. The limits shown In the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the General Aggregate Limit shown in the Decla- sum of all damages under Coverage A, ex- cept damages because of "bodily Injury" or rations, such limits will be subject to the appil- il property damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a, Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing"suits"- GG 20 08 05 09 Insurance Services Office, Inc., 2008 Page I of 2 S. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages mused by "occur- "products-completed operations hazard" is pro- rences"under Section I—Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Ag- designated construction project shown in the gregate Limit, and not reduce the General Ag- Schedule above: gregate Limit nor the Designated Construction I. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit,whichever Is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Llesig- still be deemed tobe the same construction pro- nated Construction Project General Aggrr-- ject. gate Limit. F. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated, Page 2 of 2 ©Insurance Services Office, Inc., 2008 CG 26 03 05 09 Policy Number TB2454'1-005C-997-0,48 11TA-L FIFRE_T-1'qSU—XA_HCR CODAIPIADW Issued by LLBEERTY MTJT- THi,3 EE'N E)OPIS E;tMEENT GHANG'E8 THE Pq_E'_A0;E iRi.Arll IT Gi'-URF_4-U;_.LY 11,10TICE OF TO THIRR) PARTIES This endorsement modifies insurance provided Linder the following: BUSINESS AUTO COVERAGE PART klOTOR CARRIER COVERAGE PART GARAGE COVERAGE PAR T TRUCKERS COVEFW%GEE PART EXCESS AUTOkIOBILE LIABILITY INDEiMNITY COVER A-(-:,E PART SELF.-INSURED TRUCKER EXCESS LIABILITY COVEW\(:',E PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PROD UCTSJCOM PLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM SchOdLIN Naine of 01tha-r f 'Ernmil Addren or i-,riafflng v d mula)7"ley D ays P 0qjani-zation(s): Per Schedule of rceilificate. 9() holders on flleI,Ath the Company ---------- A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a Courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged, LIM 99 0105 11 Oc. 2011 Liberty Mutual Group of Companies.All rights reserved. Page I of I Includes copyrighted material of Insurance Services Office, Inc,,with its permission, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. E. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): Per schedule of certificate Per schedule of certificate 90 holders on file with the holders on file with the company company All other terms and conditions of this policy remain unchanged. Issued by Liberty Insurance Corporation 21814 For attachment to Policy No. WA7-64D-005097-018 Effective Date Premium $ Issued to Centennial Energy Holdings, Inc. WC 99 20 75 O 2016 Liberty Mutual Insurance Page 1 of 1 Ed. 12101/2016 BIDDING DOCUMENTS F t `i BID PROPOSAL BAXTER LANE IMPROVEMENTS PROJECT FROM DAVIS LANE TO NORTH 19Tn AVENUE CITY OF BOZEMAN ALL BIDDERS MUST CONTACT ROBERT PECCIA & ASSOCIATES OFFICE AT THE ADDRESS STIPULATED IN THE INVITATION TO BID TO OBTAIN THE "OFFICIAL" CONTRACT DOCUMENTS BOOKLET AND TO GET THEIR NAME ADDED TO THE PLANHOLDERS LIST. {. The undersigned Bidder, having familiarized themselves with the conditions of the work and the ti contract documents, the site where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances, and other factors which may affect the performance of the Work, and r having satisfied themselves of the expense and difficulties attending performance of the work: fi Hereby proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City of Bozeman in the form included in the Contract Documents, to perform and furnish all Work as specified or indicated in the Contract Documents including labor, materials, equipment and services necessary to complete all general construction work, for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents including all Addenda, for a project entitled Baxter Lane Improvements Project From Davis Lane to North 19th Avenue. t The undersigned Bidder hereby agrees to commence work under this contract on the date to be specified in a written Notice to Proceed from the Owner and to fully complete the project within the following specified times thereafter as stipulated in the Specifications. Time is of the essence in completing this project. Bidder further agrees to pay liquidated damages for each consecutive day work continues past the contract time. Liquidated damages will be the sum as specified in the Special Provisions plus reimbursement for engineering services per consecutive calendar day the work continues past the contract time. The work shall be completed within the allotted contract times as specified in the Special Provisions. The undersigned Bidder hereby certifies that: 1) this Bid is genuine and is not made in the interest of, or i in the behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with . any agreement or rules of any group, association, organization, or corporation; 2) the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid; 3) the Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and 4) the Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. e The undersigned Bidder agrees to complete the Work in accordance with the Contract Documents for the following prices: f r BID PROPOSAL Page 1 of 8 BID PROPOSAL BAXTER LANE IMPROVEMENTS PROJECT FROM DAVIS LANE TO NORTH 19rK AVE. Item Estimated Unit Description Unit Price Total Price No. guantity 1. 1 LS Mobilization,Bonding,and ga t5'* Submittals(5°lo max) $ _ " `�' •` ` 2. 1 LS Construction Surveying,Staking& Testing $ ' '' 3. 1 LS Traffic Control n 4. 1 LS Erosion Control&Permits $ ..— $ 4ok g, 1 LS Dewatering $ 1_ $ 6. 200 EA Miscellaneous Work $ $ 7. 91 EA Remove Tree $ Z 8. 13 EA Trim Tree $ 11 9. 2,780 CY Topsoil-Strip,Salvage,&Reuses 7Z Z la. 485 CY Topsoil-Imported t ' 11. 1 LS Remove Drainage , ., $ r. $ 12. 2,760 LF Remove Fence $ 13. 226 LF Reset Fence $ BID PROPOSAL, Page 2 of 8 BID PROPOSAL { BAXTER LANE IN pROVFAIENTTs PROJECT FROM DAVIS LANE TO NORTH19Tn AVE. t. Unit Price Total Price Item Estimated Unit Description " No. Quantity ' 14. 16 LF Reset Pipe 15. 65 LF 12"PVC Storm Pipe $ l . $ =16. 3168 LF 15"PVC Storm pipe $ n $ s. 17. 56 LF- 18"PVC Storm Pipe $ : t 18. SU LF 12"RCP Class 5 Storm Pipe ' $ $ 19. 747 LF 15"RCP Class 4 Storm Pipet , $ 20: 40 LF 36"Equivalent Class 3RCPA q6b.gno 21. 624 LF 48"Equivalent Class 3RCPA $ $ 22, 26 LF 54"Equivalent CMPA $ 23. 33 LF Trench.Drain , 24. 4 EA 48"Combination Manhole/Inlet l` 25. 1 EA 84"Combination Manhole/Inlet $ $ � { 26. 1 EA In-Line Tee Manhole 27. 8 EA Square Storm Drain Inlet $ $ . BID PROPOSAL Page 3 of 8 i s DID PROPOSAL BAXTER.LANE IMPROVEMENTS PROJECT FROM DAVIS LANE TO NORTH 19TH AVE. Item Estimated Unit Description Unit Price Total Price No. Quantity 28. 1 EA 24"Riser Inlet $ ''�� $ 1 29. 1 EA Double Curb Inlet $ $ 30. 1 EA Sump Inlet $ $ eo, 31. 2 EA Outlet Control Structure $ 3-7 . ' $ 7 32. 2,200 SY Drainage Geotextile $ $ 77 33. 335 CY Bedding Type 2 $ =-i F 34, 50 CY Riprap 35, 16 EA Adjust Manhole E $ . $ 36. 13 EA Adjust Water Valve ' $ $ ;i i 37. 3 EA Remove&Reset Hydrant Assembly $ � ' 38. 91 LF 6"DI Class 51 Water Main 39, 199 LF 8"DI Class 51 Water Main $ l .a $ 40. . 1,963 LF 12"DI Class.51 Water Maim 41. 7 EA 6"Gate Valve BID PROPOSAL Page 4 of 8 BID PROPOSAL ... BARTER LANE IMPROVEMENTS PROJECT FROM DAVIS LANE TO NORTH19Tn AVE. Item Estimated Unit Description Unit Price Total Price No. Quantity 42. 5 EA 8"Gate Valve 43. 10 EA 12"Gate Valve 44. 4 EA Fire Hydrant Assembly 45. 2 CY Flowable Fill 46, 240 SF Rigid Board Insulation 447, 17,520 CY Street Excavation(Above Subgrade) 48. 900 CY Subexcavation&Replacement Below Subgrade(Imported Materials) 49. 20,172 SY Separation Geotextile 50. 1,340 SY Geosynthetic $ '•` 51, 12,679 CY Subbase Course(3 Minus) ° 52. 4,430 CI' Crushed Base Course(1.5"Minus) C_ � p 53. 4 812 TON Asphalt Concrete Pavement PG 58-28 76 54. 272 SY Portland Cement.Concrete Pavement UZI 9".Thick $ $ -' 55. 29,920 SY Asphalt Seal&Chip Coat >� BID PROPOSAL Page 5 of 8 - F i BID PROPOSAL BAXTER LANE IMPROVEMENTS PROJECT FROM DAMS LANE TO NORTH 19rx AVE. Item Estimated Unit Description Unit Price Total Price No, Quantity 56. 4,023 SY Concrete Sidewalk 6"Thick(With 3" Thick Gravel Base) $ 5 1 •moo $ Z05 03.13 57, 24.5 SY Detectable Warning Panels 58. 5,394 LF Concrete Curb&Gutter J $ 1 59. 932 SF Concrete Double Gutter =?ft f 60. 6 EA Remove&New Mailbox EA Monument Box 61. 2 $ � $ 1 OR MG 62. 1 LS Buried Electrical(Foundation, Conduit,Boring,Pull Box,Cable, : i � $ I!, y Wire,Conductor) 63. 35 EA Colored Luminaire Standard $ 1 $ t. A 64. 38 EA Colored LED Assembly(Signal& Luminaire) $ 1 $ 65. 2 EA Service Assembly(30 AMP&60 AMP) $ ` $ , - ---- 66, 22 EA Signal Indication(Traffic& Pedestrian) 67. 1 EA Controller, Cabinet&Concrete Pedestal $ p _ $ L ca 68. 10 EA Colored Signal Standard(Traffic& Pedestrian) $ 3 on yam• 69. 4 EA Radar Detector $ ! $ DID PROPOSAL Page 6 of 8 r? r T BID PROPOSAL ' BAXTER LANE IMPROVEMENTS PROJECT FROM DAVIS LANE TO NORTH 19T AVE. Item Estimated Unit Description Unit Price Total Price No. Quantity 70. 8 EA Push Button/Pedestrian-Tactile n $ 1 . '" $ L 71. 1 EA Yagi Antenna 72. 1 LS Remove, Salvage&Reset Electrical $ $ 73. 1 EA Remove&Reset Decorative Sign $ - $ 74. 1 LS Signing 75. 1 LS Pavement Markings $ $ � . FN 76. 1 LS Temporary Pavement Markings ' $ 77, ] LS Seeding,Fertilizer&Compost _ . 78, 2 EA Adjust Sprinkler System 7 ) ," 79. 30t} CY Imported Trench Backfill $ $ I PROJECT BID PRICE: ° ' (Total Project Bid Price-Written in Words) ,i r BID PROPOSAL Page 7 of 8 i � f 4�. A PROPOSAL P coot. BID R (cont.) The foregoing unit bid prices shall include all labor,materials, equipment, overhead,profit,insurance, and all incidentals required to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. 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 judgement,will best serve the interest of the Owner. Bidder hereby acknowledges receipt of the following Addenda,which have been considered in preparation of this Bid: Addendum.No. A Dated l l l 75, Addendum No. Dated Addendum No. _ Dated The undersigned Bidder acknowledges that this information,which was developed by the Engineer,is for design purposes only. The Contractor shall be solely responsible for information required to bid the project. By signing this Proposal,the Contractor acknowledges that he has adequate information independently verified by the Contractor,to prepare and offer this bid. Submitted this day of y'Gt , 2018. Name: } f I V-(vL �� t 412-6 f By: GNATURE OF BIDDER) Title:./i �s / 7av Business Address: . 1 9 Montana Contractor's Registration No. Phone No.: Bid Security Attached: Yes .._ BID PROPOSAL Page 8 of 8 _ ,i EJQDG--`' PENAL SUM FORM ENGINEERS JOINT CONTRACT DOCUMENTS.COMMITTEE Bid Boyd - Any singular reference to Bidder,Surety,Owner or other party shall be consideredplural where applicable. B)IDDER(Name and Address): Knife River-Belgrade r" P.O. Box 9, Belgrade, MT 59714 SURETY(Name, andAddress of Principal Place ofBusiness): Liberty Mutual Insurance Company 175 Berkeley Street, Boston, MA 02116 OWNER(Name andAddress): City of Bozeman B1D BidDue Date: June 19, 2018 Description(ProjectName—Include Location):Baxter Lane improvements Project from Davis Lane to North 19th Avenue BOND Boz;dNumber: Bid Bond ]date; June 19, 2018 Penal sum Ten Percent of Amount Bid $ 10% i1PtPP)' (Figures) { Pj� Surety and Bidder,intending to be legalb tQ R, , 1;jest to the terms set forth below,do each Cause this. f= Bid Bond to be duly executed by an au�ofl) ' �ls or representative. BTDx1BR _ SE c� suft,TY Knife River-Belgrade 1( ) 'Liberty Mutual Insurance Company (Seal) Bidder's Na and Cor o ate a StItky's Name and Corporate Seat VNSUUp P" La l r x By: f u�`` Y. , . P, ` Signature Signature(Attach power ofAtt sz Pamela L. Michalies-Asst. Sec. Heather R. Goedtel t .. PrintName PrintName Attorney-in-Fact Title Title n Attest: " Attest: � ✓ ` 1 f Signature Signature . liQ t Witness � Title Title Note.Addresses are to be used for giving any requirednotice. Provide execution by any additional pra-des,such as joint vontwei:s, i)'taecessa y. MCDCO C 430,Bid Bond( mal sum Form).gubllshed 2013. Preparers:by the Engineers Toint Contract Documents Committee k, ,' 00434-1 EJCQQ 1.� PENAL SUM FORM FHOMctiis iaRn aerq=�:cs DCMUMEK"MM"THE 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents.(or any extension thereof agreed to in writing by Owner)the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents(or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents,or 3.2 All Bids are rejected by Owner,or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents(or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness,identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the.total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the.authority of the officer,agent,or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid"as used herein includes a Bid,offer,or proposal as applicable. E1C0C11 C-430,Bid Bond(Penal Sum form).Published 2013. Prepared by the Engineers Joint Contract Documents committee. Page 2of2 33LllW WOE S1N3Wn'.19� ,.. _.. - 1DYH11707.ANIOf Stl33N19N3 - nurety Acknowledgment. State of Minnesota } - } ss. County of Hennepin On this 19t' day of June 2018, before me personalty came Heather R. Goedtel, to me E known,who being by me duty sworn,did depose and say that she is the Attorney-in-Fact of j Liberty Mutual Insurance Company described in and which executed the above instrument; that sheltie knows the seal of said corporation, that the seal affixed to said instruments is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation,and that she/he signed her/she/his name to it by like order. /Po KELLY NICOLE BRUGGEMAN Noiarpu is sr2 NOTARY PUBLIC-MINNESOTA Commission Number 31076678 s• 149y Commission Expes January 312021 f. r.. F _ , Y u-fi resn rrt th ssmpa tccep n h ma ner and to the extent herein rotated _ f - ;i Deritficate No 779nn8fj f ,::.--,.-*,!1-,�-.-:-*1-*-:�l-- ,'-,'-',.I i,.,-*-,'1 I,.'--.-.�- t ibedy tvfutuai insurance Company = ,, - he ONO Casualty insurance Company West Aznencan insurance Company '1 F LOWER OF:M T RNtY KNOWN All PERSONS ay THESE PRESENTS That Ttre OMo Casualty insurance Company is.A corporahon duly orgag7zed under the lavis.:of the state of New Hampshire;that --. - liberty Mutual Insurance,Company.is a corporation duly organized a,nder tfie,laws of tt e Sfate of;Mas achrisetts and_YVest American,Insurance,Company is,a,corporation duty , - ,;orgen zsd underthe iaws of the State:ofi Indiana(herein collectively called the°Corn antes", ursuah(to.and b- authorit herein set'foith',does hereb,name,constitute and a oin't P �- Y„ -- y' Pp Brian ).Carpenter Crai Olmstead Heather R Goedtel Jessica Hoff JIII N.Swanson Laurie Pflug,Mioheile Haiter,NiCote Lan,er - I al(of fire city of Minneapolis state of MN - each individually if-there be more than one . I lid,is true and lawful attorney to feat to make,=execute,seal acknowledge t and'dehver for and oil its behalf as surety and as its act and-deeds any and all:undertakiitgs,bonds;rocognizances and other;surety obligations iripursuanbe of these presents and shah be as burping upon the Cohpanies as if they hays bean duty signed tiylhe president and attested by tt7e secretary'of the Companies in their own:ptoper persons IN WITNESS WHEREO(,this PoVreroiAttorney_has been subscnbep,kiy art auihonzed af�ioer or official of the Campaniesand the cgrporate seals of the Companies have been affixed ti thereto this 12t6 day:of June 2017: i t?(rs n � ��L r1,). f d{< j`���'L etc The Oh10 COStiSlty insurance i'Ortipafly- �1t1 Q{ ; 3919;., � t�12 '� s'19,91 ; Libu'rly MOtual_insurance Company" c i a �� Wes#Am-o'&8*t Insurance Company i f j'JJ////p / V• .m �a `��ti��+ �''J�1'rat� �� tar '�' - �'a`_ f°? :..0[i STATE OI PENNSYLVANIA s§ David.M Carey Assistant secretary:: Mil CQUtVTYOFMONTGQh9ERY C On this j2th ;dayof June 2017 before fie porsonaily appeared David K Garay,who acknowledged himself to be t. Asslstant[Secretary Of Liberty Mutual Insurance. 0'H„it ' W Company The Ohia Casualty Company and VV&st Am..rican insurance Company,and that he as soon being authonzed so to do,execute'the jdregoing instrument or thi:purposes, ,>,, 11 p, iherel i 6o. aineit by slgmng`on behalYof the corporations by himself as a duly auihonzed officer - - ' •> iN WITNESS WHEREOF,(have hereunto subscribed my dame and affixed my notarial seal at King of Prussia Pennsylvania on the day and year first above wv itten _% IWI gy p P' , COMMONwEALTtt OF PENNSYLVANiA �I. Q uorw r�ti Notarial Seat J _ _ Ott G' r S5 �* To�esa laaste(a,Notary Pubitr t3y. ' °F_ Upaer MadortTwa Mantpomery co_umy Teresa Pastella,Notary Public - if , y- R4y Gommtssion!xt lies Aiarch 23,2094 y? -- snvtT y L'j -gy.,G hiemberPemisxlvaruaxssaciath6nofNotarf,,s a Ell' ..M th s Power of Atiompy is made an .executed'pursuant-to'a_ by authonty of;the following By-laws and Authorizations:of The.Ohia.Gesuatty Insurance Company Liberty Mutual jM' .- }, lnsurance Company and.\!Vest American insurance Company which resolutions are now in full force and effect reading as follows OH M10, ARTICLEIV OFFICERS:;Slecticl 12 PjwerofAtlorne..A' officerorotherofficialoftheGor era' suthorfzedforthat ur oseinI Wn b theChainnan'orthe resident andsub'ecl O� 1 Y. Y. P n. p.P 9 Y, P, )• c, :4- to siren limikalian as the Chairman o,.1 President may prescribe,slioil appoint such attorneys i- 9,-.-s may . necessary to act inbehalf of the. prporation tq-(r, execute,seal, = :_ 0 r- acknowledge add deliver as:sur8ty any aria it undertakings;bonds;recognizarices;andnther"surety otilfg2hons...Such attorneys in fact,subject to the hmitatioris setfortl in their respective. = i+ - . na pow,ets of attorney sbaithave full power to bind_the Corporahon.by tfteir signature and exeeuhon of:apy such instruments-and to attach thereto:the seat of the Corporation. YVherf.so =:m b ex@cured such"instruments`shall be asbuidtng asif signed by the President and:attested to tip the Secretary Anyp_y of authority granted to any representative or atiorney-in-fact under 7-wit, the prDvistohs ofMils arks- may be revoked at any time by ilia Board the Ghairnian the President or bythe officer or officars:granting ouch pourer or authority: C ARTICLE X . -'.P- I n of Contracks SEGTIpN 5 Surefy Bonds and Undertakings Anyofficor of Il e Company authorized for that purpose in�vrtt, g by the chatrman or the president; .., y. %V and subiaet is such hmitati6ns as the cl airman orihe prestdent may prescribe,shalf appoint such attomeys in facts as may+bz necessary:fa act to behalf of the:Company fo makg,execute, M h- O seats acknowledge and rlejiVer as sti"rely any and all untiert- pgs,blinds,recognizances and other surety obiigatlons Such aftoideys in tact subject to the limitatidns seI i,rfh in their; +?I Z_r, respective patvat§of attorney,shall have fait power to bind the Company by ihei-signatur' and exeeuhon of a' such msGuments and to attach thereto the seal of the:Gom any When.so O Y p p executed such.ihstruments shall b'as.(findmg-pal,signed by the president and attested by the secretary o Certificate of Des!gnatrori-The President of the Company;acting pursuant to the Bylaws9f the Company,arlifionzes David M Carey;Asststant.secretary toappoint such attorneys in- ._= fact, may be necessary td:act on behalf of the:Company to make,ekecuie;seal,acknowledge and dehver'as surety ny acid ail undertakings bonds recognlzances and other:surety ll ; a ,obiigafions : Authortxation=By unanimous consent of the Company s Board of Directors;the Company consents that facsimile or mechanically repiodnced signature of ahy,assistant secretaryof the 1 company;wheievefa eosin u"an aicerbfied co ofari ; ewer ofiattarne Issued b the Gem an .in connection with Buret bonds,shall be validand bindin u on ttie Garn an vaith . Pp gP pY Yp Y Y, P Y Y 9p P Y the same farce and effect as though manually affixed f i Renee C LIo%W)m the"undersigned, 4sslsiarl 9eeretary The Ohio.Casuaitp:linsurance Coirpany; Liberty Mutual Insurance Compopy and West American Insurance Company do here b _resit that the on inat over of:attorne 'of:when the foregoing is a toll iris and�orreot cop of the 1?6%r:ofAttome e'iecutEd b sa , om antes,is in full force and'effecl and 4 Y fy 9 P Y Y Y Y p has not been revoked yj y f iN TESTIMONY WHEREOF;i have hereunto set to hand and affixed the seals of said Companies this j� j °"da of 20- .F �t 3N,�ram...: � S. -i,,R� :, �.;StaSUly.t t � �J r, w�4rr,�y�c s r i o n i 191� " ° 19rt1 x By t� �: oa �� + ,, r, a Renee C.Llew , ssistant Secretary t_ „y� kti. J `=r'crus` t R:r.r t h _ 'A- .. ,' --it ',t .:I :: :- - . ._ . LMS 1 c . .. . - 7&73 o22i)17 .. ., r 181 of 500 _...,i--_�.� - - .,_..—_-_ - , _._ ,�.-�..- .,, mw-"_,r-, -- v NrON-DISCRIMINATION AFFIRMATION FORM It [name of entity submitting] hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status,national r origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the ing and� treatment of the '- [name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Signat-ureof IBiddertson zed to sign on behalf ofthe bidder 16 s; 7 x a ' s. r BIDDING INFORMATION t ADDENDUM NO. 1 Baxter Lane Improvements Project from Davis Lane to 19"'Avenue Bozeman,Montana Date of Addendum: June 11,2018 Bid Opening Date: June 19,2018 at 2:00 p.m. This addendum modifies the Contract Documents and Construction Drawings for the Baxter Lane Improvements Project from Davis Lane to 19d'Avenue in Bozeman,Montana, asset forth herein: 1. INVITATION TO BID: Revise the following on Page 1 of 2: The physical address is: City Clerk(within the City Manager's Office) Suite 200,City Hall, 121 North Rouse Avenue, Bozeman,Montana. The mailing address is: City Clerk (within the City Manager's Office) Suite 200, City Hall, P.O. Box 1230, Bozeman,Montana 59771. 2. DRAWINGS: SHEET C-39, FENCE SUMMARY. Delete the note stating that Temporary Fence is included in the unit bid price of Remove Fence. Temporary Fence is not required as part of this Contract and was not requested by the landowners. The landowners of Parcel 7 are installing their own temporary fence. 3. SPECIAL PROVISIONS: Special Provision #16.1 TRAFFIC CONTROL. 31d Paragraph. Replace last two sentences: The Contractor may close street sections within the project using detour routes approved by the Owner and Engineer, as detailed in the approved Traffic Control Plan. Non-local streets are preferred for detour routes, such as 2701 Avenue, Oak Street, Davis Lane, and Ferguson Avenue. Access to businesses, residences, schools, and for emergency vehicles shall be provided at all times in the work zone,as detailed in the approved Traffic Control Plan. Special Provision#16.3 TRAFFIC CONTROL. Temporary Barrier. Use temporary barrier as described in#16.3 if necessary based on the approved Traffic Control Plan. Special Provision#32. CONTRACTOR SURVEY. Clarification of last paragraph on Page 20 of 67—The Contractor shall verify elevations of existing manholes under the Adjust Manhole bid item for those manholes which require raising or lowering with a new cone and barrel section and cannot be raised or lowered with grade rings only. Also, perform any necessary potholing at storm drain crossings with existing utilities prior to ordering manholes and inlets. Coordinate with utility companies and the Engineer to remediate storm drain conflicts with existing utilities prior to ordering manholes and inlets. Special Provision#57.4. ELECTRICAL.Delete Yagi Antenna. Add Broadband Antenna. BAXTER LANE FROM DAVIS LANE TO 19TH AVE.—ADDENDUM NO. 1 PAGE Special Provision#62. SEEDING,FETILIZER and COMPOST& Special Provision#71.77. Delete Sections 62.1, 62.4, 62.5, and 71.77. Add the following. Hydraulic seed all disturbed areas within the construction limits in accordance with MPWSS Section 02920 Hydraulic Seeding. All work under this provision including seeding and fertilizer is paid at the lump sum bid price for Hydraulic Seeding. Special Provision#71.75. Pavement Markings. Add: Interim pavement markings are included in the lump sum bid price for Pavement Markings. 4. APPENDIX C,404 PERMIT,#19.Migratory Birds and Bald and Golden Eagles: The Contactor shall verify migratory birds are not nesting in trees prior to performing tree removals and tree trimming. The nesting season is typically from April 151h to August 16a'. 5. UTILITY RELOCATION UPDATE: • Centurylink and Charter relocations are along the entire project. Completion date for both is August 1st. • Montana Opticom has not started relocations or adjustments. Work is expected this summer and fall. • Northwestern Energy has not started gas or power relocations or adjustments. Power pole relocation at Thomas Drive is expected in July 2018. Other work is expected throughout the project. END OF ADDENDUM NO. 1 Issued By: ROBERT PECCIA&ASSOCIATES 3810 Valley Commons Drive Suite 4,Bozeman,Montana 59718 ST1a�f FA6 'J< h1N�R ° 16318 PE Staci Venner,P.E.,Project Manager ' ��6/ii�E14 . Srr Office: (406)-284-2665 C DNA- � BAXTER LANE FROM DAVIS LANE TO 19TH AVE.—ADDENDUM NO. 1 PAGE 2 PREBID MEETING MINUTES Project: Baxter Lane from Davis Lane to 191h Ave. Date: June 61h,2018 Time: 10:00 am Location: 20 East Olive Street, Bozeman Montana Engineer Representative: Staci Venner- RPA svenner@rpaa-hln.com 406-580-4438 Owner Representative: Bob Murray—City of Bozeman 1. Instruction to Bidders Review • Bid Opening June 19th,2 pm at City Hall—Addendum will state new room numberfor Clerk Purchase Contract Documents book for$50.00&submit the bound book • Include: bid proposal in spec book, bid security, non-discrimination form 2. Contract Time • 170 calendar days (SC#9&SP#5) • Liquidated Damages-$500 per calendar day+Engineering Expenses (SC#10&SP#5) 3. Project • Adjacent Projects (SP#9): o Baxter from 7th to 19th,June to October, detour overlap,Sime Const. o Tie sidewalks & pavement markings at 19' • Utilities (SP#13 &Sheet U-1 to U-8) o Charter is currently relocating along entire project,thru summer o Charter relocated to south side along Parcel 9 o MT Opticom &Centurylink adjustments/relocation not complete o Northwestern Energy relocating power poles at Thomas in July, overlap in work zones and crews (SP#13.18) o Gas relocation along Parcel 9 to be determined o Northwestern Energy will pothole at new storm drain crossings o Signal/Lighting service applications completed with Northwestern Energy, installation not complete o Contractorto coordinate with Northwestern Energyfor fill placed at power poles o New fiber install is underway along Davis, on the west side o The Addendum will give an update on the utility relocation • Right of Way o Parcel 9 Jehovah's Church at Thomas not acquired, Not This Contract (SP #70, Sheet C-12 & E-12) No sidewalk or curb, light pole delivered to City for future install, adjust electrical conduit as needed based on relocation of utilities o Acquisition complete, R/W staked o Post Office (SP#56, 58,61) parking lot expansion, move decorative sign, replace PCCP, reset 3 luminaires, pavement markings • Geotech o Two Reports (Appendix B)-Two borings at Baxter/Davis found soft clays o Larger Signal foundation dimensions (Sheet E-3) o Signal foundation installation recommendations—temporary casing and concrete placed with tremie method,dewatering not recommended for signal foundations o Groundwater likely shallower than shown on borings (possible 3 to 4'depth) o Poor subgrade, dig-outs/subexcavation expected, unknown quantities (SP#51) o Project specific geosynthetics at subexcavation areas (Sheet C-35) o Roadway separation geotextile required (Sheet C-5 Notes) • Traffic Control (SP#15) o Coordinate with other Baxter projects for detour routes o May close sections of Baxter if access is provided to businesses & emergency vehicles o Submit Traffic Control plans to City& Engineer for approval o No closures on 19th o Post Office—one-way traffic through parking lot via the two driveways (PCCP) o One lift of asphalt required for winter shutdown • Permits&Culverts o Nationwide 404 Permit complete forwetlands(Appendix C&SP#18)impact areas shown on Drawings o Impacts outside designated areas are Contractor's responsibility to permit o Section Line Ditch impacts part of 404 Permit(SP#525,Sheets C-27 to C-29) under jurisdiction of Farmer's Canal, two downstream users, install outside of irrigation season or maintain flows with temporary pipe, 48" Equiv. RCPA extension 0 124 SPA Permit for East Catron Creek (Appendix D, Sheet C-14, SP #19 & #54) CMPA culvert extension in low flow period only o Additional permit conditions & requirements in Appendix C& D • Permits by Contractor o Dewatering(SP#36) o NOI &SWPPP (SP#17) o Other County,state, local and federal as required (SP#35 &SP#37) • Signal/Lighting(SP#57) o MDT standards for signal o City of Bozeman street lighting standards, refers to MDT o http://www.mdt,mt.gov/business/``contracting/standard specs.shtml o Luminaires per MDT design requirements (shop drawings &stamped calcs) • A.D.A. o Sidewalk&ramps designed to meet ADA—staking of layout • Quantities/Bid Items o Parcel 9 work items not included in bid quantities (SP#70) o Measurement& Payment in Special Provisions supersedes MPWSS(SP#71) o Street excavation includes removals, no separate payment for borrow(SP#51) o Dig outs expected, unknown quantities of Subexc. &geosynthetic(SP#50) o Imported topsoil only if sufficient salvage isn't available on site (SP#49) o Imported Trench Backfill, unknown quantities, only if needed (SP#68) o Temporary pavement markings for winter shutdown (SP#64) o Electrical bid items combined,see Sheet E-1 for specific items • Misc. o Insurance(SC#1,SP#24) 0 2 Year Warranty Period (SP#10) o Testing(SP#31)—Owner's Testing Company, Morrison Maierle o Contractor survey—MT PLS(SP#32) • Addendum • Replace Yagi Antenna with Broadband antenna • Utility update • Interim Markings • Tree removal and migratory bird act • Temporary barrier rail &detours in the Traffic Control provision • Temporary Fence • SP#32 on verifying existing manholes • Questions: • Is the post office expansion asphalt,next to the existing concrete pavement?YES. • Are Temporary Pavement Markings for winter shutdown?YES. Interim markings will be clarified in the Addendum. • Is the intent to have Concrete Barrier Rail the entire length of project?NO,will be clarified in the Addendum. • If culvert work is performed outside irrigation season, during winter shutdown, will those work days count toward contract time?YES. C4 _ J p 'iW, faf € U �T 4I.i 06 g@,� ^}`yam. ui llJ Q W �✓ '+ W ® � ') zM a. 0 75 Ate ®' W a. 0. m ❑ ❑ -0) Qj a C oR z 00 ui z ® cv +. . O M 4 O Q { Z z Baxter Lane from Davis to 19"' PLAN HOLDERS LIST Bid Date: June 19"',2018,2:00 pm Revised as of. 6/15/18 The following have received or requested plans and specs: Robert Peccia and Associates 3147 Saddle Drive Helena,MT 59601 Ph:(406)447-5000 Fax:(406)447-5036 Robert Peccia and Associates Staci Venner 3810 Valley Commons Drive,#4 Bozeman,MT 59718 Ph:(406)284-2665 svenner cOrpa-hln.com City of Bozeman Bob Murray 20 East Olive Street Bozeman,MT Ph:(406)582-2280 BMurrav(a)BOZEMAN.NET Knife River Josh Walter 21730 Frontage Road Belgrade,MT 59714 Josh.walter(aNniferiver.cam Nelcon Sam Weyers PO Box 5370 Kalispell,MT 59903 samOnelcon.biz Sime Knox Pilati 190 Ramshorn Drive Bozeman,MT 59718 406-582-9841 CMG Construction Phil Marten 602 S.Ferguson Ave. Bozeman,MT 59718 DLM Contracting 2066 Stadium Drive#201 Bozeman,MT 59715 406-586-2881 F:\Highways\14509_000_Baxter Davis Intersection\CONSTRUCTION\L.Bid Phase\2.Planholder's List\14509 planlist.docx SUMMARY OF BIDS RECEIVED MayROBERT PECCIA & ASSOCIATES Project Name: Baxter Lane Davis to 19'Ave. Date: June 19 2018 w � � ~Bound 'r10°fo Bid Aekn S�gnedNon- f Bidder Bxd Bond Addenda D� crun Base Bid �� Knife River, Belgrade, x x x x $4,147,364.00 MT DLM Contracting, x x x x $4,161,503.00 Bozeman,MT CMG Construction, x x x x $4,548,000.00 Bozeman, MT Engineer's Estimate - - - - $3,727,681.50 CERTIFIED BID TABULATIONS(BID DATE.JUNE 19TH,2018) BAXTER LANE FROM DAVIS1 19TH AVE. CITYOFBOZEMAN RabeR Pectin&Asson.te;lac. 3810 VoJley CommonsOme q4,Bozeman,MT59718 Knife River DLM Contracting CMG Construct.. Engineers Estimate Belgrade,MT Bozeman,MT Bozeman,MT Item Unit Unit Price Total Price Unit Prke Total Price Unit Price Total Price Unit Price Total Price No. Quantity unit Description BASE BID i 1 IS Moblih,tion,B.ndin&and Submittal,(5%Max.) $177,509.00 $177,SW.W $200,00D.00 -$200,0W.W $166,500m $166,500.00 $227,000.W $227,GW.00 2 1 is Construction Svrveyin&Staking&Testing $70,000.W $70,000.m $58,6mo0 $58,6m.W $150,WO.m $150,OW.m $40,m0.W $40,W0.00 3 1 IS TmfRc C..cr.l $140,000.00 $140,000.00 $249,OW.m $249,CW.m $2W,( .00 $2W,000.W $50,WO.W $S0'0W.W 4 1 IS, Erosi.n ConV.l&Permits $40'(W.00 $40,000.00 $43,Dm.W $43,WO.W $30,o00.W $30,000.W $62,O20.W $62,020.W 5 1 IS Enesi-C- $SO,OW.m $50,0D0.o0 $134,=i D0 $134,000.W $55,W0.00 $55,o00.W $100,000.00 $Im,OW.W 6 200 EA Mi-fl.neous Work $100.00 $20,m0.W $1.W $2W.W $I.W $zW.W $zoom $68,250.00 7 91 EA Remove Tree $Soo.Do $45,500.00 $240.W $26,390.00 $3W.m $27,3W.00 $750.W $68,250.00 8 13 EA Trim Tree $3W.W $3,900.00 $90.00 $1,170.W $250.m $3,250.W $],OW.00 $13,Om.W 9 2,7H0 CY T.psot-Strip,SaMage,&Reuse $20.m $SS,6W.W $26.W $72,280.00 $18.W $50,040.W $20.00 $5S,6m.W 30 485 CY Top,.1-Imported $30.W $14,550.00 $28.W $13,SBO.W $30.m $19,SSO.W $42.m $20,370.W 11 1 LS Remove Drainage $10,000.00 $10,000.W $2,4W.00 $2,4W.00 $30,0W.00 $30,OW.W $22,234.W $22,234.00 12 2,7W LF Remove Fen. $l.m $2,7W.00 $1.00 $2,760.00 $2.00 $5,520.00 $6.W $16,560.00 10.00 $2,260.m $1D.W $2,160.W $20.W $4,520.00 $20.W $4,520.00 13 226 LF Reset Fence $ 14 16 OF Reset Pipe $125.00 $2,000.00 $BDO.W $12,EW.W $200.00 $3,200.W $150.W $2,400.00 $6,sW.m $SO.W $3 15 6S LF 12"PVC St.-Pipe $45.W $2,92S.W $SW.W ,250.W $ $7,475.W $95.00 16 368 LF 15"PVCS$toI 17 56 LF IB" MPlpe $SO.W $19,4W.m $75,m $27,6W.W $55.W $20,240.m $95.W $34,9m.W PVC Pipe $65.m $3,690.W $BS.W $4,760.m $65.m $3,6g0.W $98.m $5,488.W 18 50 LF 12"RCP Class S Storm PIPe $65.W $3,250.W $8&W $4,4W.W $120.W $6,0W.W $175.00 $8,750.m 19 747 LF 15'RCP Class 4 Storm Pipe $75.DD $56,025.00 '$70.00 $52,2W-OD $75.W $56,025.W $BS.W $63,49S.W 36'Equivalent Class 3 RCPA $220.W $B,8W.W $450.W $IS,OW.W $180.m $7,2W.G0 $110.W 56'om$9,400.o0 20 40 LF 21 624 LF 48'Equivalent Class 3 RCPA $260.00 $162,240.00 $3W.W $187,2W.W $220.W $137,280.W $250.W $i6,000.W 22 26 IF 54"Equlv,Iam CMPA $325.W $8,450.W $630.W $16,380.00 $3W.W $7,Bmm $280.W $7,280.W $SIO.W $3,630.m 23 33 LF Trench Drain $175.00 $5,775.00 $200.00 $6,Gm.m $3W.W $9,9m.m 24 4 EA 48"Combination Manhole/Inlet $4,200.W $16,BW.W $4,M.W $i6,000.m $3,7W.W $14,SW.00 $4,500.00 $$7,oW.W 25 1 EA 84"Combination Manhole/inlet $B,SWm $8,SW.00 $9,8W Wm .00 $9,8W.00 $e,000.m $B,D . $7,Sm.m ,Sm.m 26 1 FA In-Une Tee Manhole $I0,000.m $SO,WO.W $9AW.W $9,4W.00 $7,Smm $7,SW.W $5,Sm.W $5,500.W 27 8 EA Square Storm Drain inlet $3,2SO.W $26,m0.W $3,o0o.W $24,000.W $4,Om.W $32,0W.W $3,SW.W $28,Om.m 28 1 EA 24-Rise,In at $2,SW.00 $2,SW.W $1,7W.W $1,7W.m $z,000.m $2,Wo.W $z,OW.W $2,000.00 29 1 EA Double curb Inlet $4,ODO.W $4,0W.W $5,OW.W $5,WO.00 $B,SW.W $8,500.00 $5,SW.W $s,SW.00 30 1 EA Sump inlet $2,5W.W $2,5m.W $3,8W.W $3,8m.W $3,SOO.m $3,SW.W $6,SW.m $6,SW.W 31 2 EA Outlet Control col Stm ,e $4,3W.W $B,EW.W $3,7W.W $7,4m.W $B4OOD.m $B4O00.m $7,S$3.00 $ 32 2,200 SY Drainage Geotextile $3.W $6,EW.m $3.50 $7,7Wm $3.00 $6,W0.00 $3.W $6,6m. ,OW.W 00 33 335 CY Beddng Type2 $30.00 $I0,050.W $40.W $13,4W.W $32.W $30,720.m $SO.m $16,750.W 34 50 CY RlpsaP $85.W $4,250.W $75.W $3,750.W $1W.W $5,"" $75.00 $3,750.00 35 16 EA Adjust Manhole $I,SWm $24,0o0.W $370.W $5,920.m $1,4m.W $22,OW.m $7m.m $71,2W.m 36 13 EA Adjust Water Valve $3W.W $3,900.W $360.W $4,680.00 $400.00 $5,2m.00 $400.00 $5,200.00 37 3 FA Remove&Reset Hydrant Assembly $3,W0.W $9,Oo0.m $4,7W.W $14,1W.m $3,Sm.W $10,5WA0 $2,SW.W $7,SW.W 38 91 LF 6'DI Class 51 Water Main $70.00 $6,370.00 $62.W $5,642.W $85.W $7,735.W $lo5.m $9,555.00 39 199 LF 8'DI Class 51 Water M al. $85.W $16,915.W $185.W $36,815.m $95.W $18,905.W $104.00 $20,696.00 ° n $90.00 $176,670.00 $97.W $190,411.00 $110.W $215,930.W $98.W $]92,374.W 40 1,963 LF 12 Dl Class 51 Water Mai 41 7 FA 6"Gace Valve $1,Sm.m $SO,sm.W $2,1W.W $14,7W.m $1,BW.W $12,6W.W $1,350.W $9,450.00 42 5 EA 8'Gate Valve $2,250.00 $31,150.W $2,4m.m $12,DW.W $],OW.W $10,000.m $2,2s0.m $11,250.m 43 10 FA 12°Gate Valve $3,SW.m $35,OW.W $3,4W.W $34,OW.W $3,0D0.W $30,WO.W $3,DW.W $30,DOO.m 44 4 EA Fire Hydrant Assembly $5,5W.W $22,000.00 $6,Bm.W $27,2W.W $9,SW.W $38,WO.m $6,Smm $26,m0.W 45 2 CY Plowable Fill $I15.W $23D.W $220.W $440.00 $6W.W $1,2W.W $550.W $1,1W.00 46 240 SF Rigid Board insulation $SD.W $2,4W.W $10.00 $2,4W.00 $8.00 $1,920.00 $35.00 $8,4m.00 47 17,520 CY Street E...U.n(Above Subgrade) $16.00 $280,320.00 $18.W $315,360.00 $20.W $350,400.W $40.W $7W,8W-W 48 Soo CY Subex.vation&Replacement Below Subgrade(Imported $40.00 $36,0W.W $41.W $36,90a.m $W.W $S4,0M.00 $66.09 $59,4W.W Materials) 49 20,172 5Y Separation Geotextile $2.m $40,344.m $1.W $20,372.W $3.W $60,S16.W $3.W$4.W $$5,31m6.w SO 1,340 SY G-wpthetic $5.W $6,7W.W $2.50 $3,350.W $S.W $6,7WD0 , 51 12,679 CY Su",,,Course(3°Minus) $2350 $297,956.50 $28.W $355,012.00 $26.00 $329,654.00 $36.00 $456,444.W 52 4,430 CY Crushed Base Course(1.5'Minus) $27.50 $121,825.W $32.00 $141,760.W $30.W $132,9W.W $43.00 $190,4W.W 53 4,812 TON Asphalt Concrete Pavement,PG 58-28 $70.00 $336,1340.00 $70.00 $336,840.00 $70.W $336,840.W $65.W $317,592.00 54 272 SY Portland Cement Concrete Pavement 9"Thick $150.W $40,8W.W $110.00 $29,920.00 $155.00 $42,1m-W $142.00 $38,624.W 55 20 SY Asphalt Seal and Chip Coat 2,m m $2.50 $74,8W.W 9,92 $3,W $89,7W.W $2.25 $67,320.00 $ $59,840. 56 9,92 SY Concrete Sidewalk 6°ThI<k(with 3'thick gravel hale) $SS.m $221,265.00 $51.00 $205,173.00 $55.W $221,265.W $55.00 $221,265.00 57 24.5 SY Detectable Warning Panels $400.00 $9,800.m $340.00 $8,330.00 $450.00 $11,025.W $400.130 $9,800.W ,394 LF Concrete Curb&Gutter $I5.W $80,910.00 $13.50 $72,919.00 $17.W $91,698.W $16.W $86,3D4.W 58 5 59 3 SF Concrete Double GUHeF $ll.m $10,252.m $10.W $9,320.W $10.00 $9,320.m $9.W $8,388.W 60 6 EA Remove&New Mailbox $4W.W $2,4W.00 $490.m $2,940.m $2m.m $3,2W.W $EW.W $2,250.m 61 2 EA Monument 8.x $1,2W.W $2,400.W $6m-W $1,2W.m $1,5m.W $3,Gm.W $1,em.m $3,6W.m 225,OOD.W $225,OW.m $2m,5W.W $200,SW.W 62 1 is Buried Electrical(Foundation,Conduit.Bonin&Pu%Box,Cable, $25o,SW.W $250,500.00 $211,0m.m $211,Dm.00 $ Wire,Conductor) 63 35 EA Colored L.Wa.b.Standard $3,300.00 $115,500.W $3,9W.W $136,SW.W $3,8W.00 $133,WO.m $3,4W.00 $119,000.W 64 38 EA Colored LED Assembly(Signal&L-dra(re) $700.00 $26,60D00 $1'O Do $38,000.00 $1,000.00 $38,WD.W $975.00 $37,050.0 65 2 EA Service Assembly(30 AMP&60 AMP) $2,250.m $4Smm $4,DDO.W $8,OOD.W $3,8W.W $7,6W.00 $3,5m.W $7,OOD.W 65 22 EA Signal lndiaon ti (TrafBc&Pedestrian) $965.W $21,230.m $1,900.W $41,8W.W $2,Om.W $44,Om.W $3,675.W $36,850.m 67 1 EA Controller,Cabinet&Concrete Pedestal $50'mocl $50,000.W $S0,0W.m $50,000.00 $SO,000.W $SO,OW.m $43,500.00 $43,S00.00 68 10 EA Colored Signal Standard(TraNic&Pedestrian) $5,5mm $55,000.W $9,3W.W $93,0W.W $9,m0.W $90,W0.W $B,Im.m $BS,WO.m 69 4 EA Radar Detector $8,5m.m $34,mo.00 $10,600.W $42,4W.00 $10,OW.W $40,OW.W $9,250.W $37,Om.W 70 H EA Push Button/Pedestrian-Tactile $S,SW.m $12,OW.m $1,7m.W $13,6W.W $2,WO.W $S6,GW.00 $1,520.m $12,IW.W 71 1 EA Yagi Antenna $1,6m.m $1,6W.W $4,000.W $9,000.W $4,OW.m $4,m0.W $3,S50.W $3,S50.W 72 1 LS Remove,SaMa%e&Rese[Electrical $s,00o.00 $S,ODD.W $6,200.m $6,200.00 $6,WOD0 $6,000.W $5,450.m $5,4s0.W 73 1 EA Remove&Reset Decorative Sign $2,000.W $2,000.00 $7,500.W $7,SW.m $3,OW.W $3,Om.W $940.m $940.W 74 1 LS Signing $40,000.W $40,GW.W $34,000.00 $34,000.00 $35,000.GO $35,OW.W $29,750.W $29,750.W 5 1 LS Pavement Markings $15D,OW.W $$20,OW.W $15,EW,W W 150,000.00 $204,GW.W $204,OW.m $22o,000.00 $220,000.W $17z,2W W.o0 $172,2W. 7 .W $15,600.00 $1S,WO.W $1S,DOO.W $13,OOD.00 $13, 0-W 7 1 is Temporary Pavement Markings $20,Wo $z2,aW.00 $z2,Doo.W $16,zm.m $S6,zm.W 77 1 IS Seeding,Fertliier&Compost $50,000m $SO,Om.DD $2s,sm.W $25,5W.00 78 2 EA Adjust Sprinkler System $2,Om.W $4,o00.W $7,2W.W $]4,4W.W $1,SW.m $3,000.m $2,SW.m $S,Om.m YTOCGTTAALCs-9OAA55EE,9O1IDD3W0C0JLL R7CTtiTJ1ECANYT 1EN08 W8I 0DpKort dT.. Be fill . $9,-W0.W $35W $10,5W.m $40W $4�$7120mm 79 61S03.m $ : -$3;72t681=D ^ m $4,6$1428,,OoWWmW 1413 64.00 G ,. .,.,b$4.461,S03.00 - ,r#4,598;bWA0. 14 ( CP 4V r ) F J e Stad Venner,P.E FS^C-Jjac - Robert Peceia&Ass.dates 6/19/2018 Page 1 of 1 '.. ROBERT PECCIA &ASSOCIATES June 21,2018 Robert Murray,P.E. City of Bozeman Engineering Department 20 East Olive Street Bozeman,MT 59715 Subject: Baxter Lane Improvements Project—from Davis Lane to 19t1i Ave. Recommendation of Award for Construction Dear Mr. Murray, Bids for the Baxter Lane Improvements Project were received and opened on June 19`h,2018. RPA has reviewed those bids, and are furnishing the accompanying Certified Bid Tabulations.RPA has also conducted an engineering check of the bids for conformance to the Contract Document requirements, including the following: • Mathematical verification of the bid amounts,extensions,and totals. Any mathematical errors are shown or noted on the Bid Tabulations. • Review of bid forms from the apparent low bidder for proper signature and acknowledgments. No irregularities were noted in the low bid. • Acknowledgement of receipt of all Addenda. • Low bidder included the Montana Contractor's license number and the required executed certifications in the Official Bid Proposal and a signed Non-Discrimination Affirmation Form. • Review of bid bond from the low bidder. Bid bond appears proper and duly executed. The low bid of$4,147,364 exceeds the City of Bozeman's budget amount of$4 million. This is likely due to advertising the project during the summer construction season.There are many other large-scale construction projects currently underway this summer in Bozeman with a limited supply of local Contractors. The summer advertisement was due to the timeline of acquiring right-of-way along the corridor.The adjacent Baxter Lane project from 19`h Ave. to 711'Ave. was advertised in February/March 2018, and the low bid was approximately 20%under budget. If a budget amendment cannot be obtained for this project,the Contract Documents state the following: Instructions to Bidders#22.Method ofAward. b.Ifsuch lowest bid exceeds the budget, the Owner may reject all bids. However,this project is critical to Bozeman's street network and provides safety upgrades,pedestrian and bicycle facilities, and a link to the water distribution network. Re-bidding this project will likely delay the start of construction to the 2019 season. At the request of the City,RPA has investigated potential cost saving measures to consider should award be made by the City. These items may include the following options: • Revise the recommended 37"pavement section(5"asphalt, 8"base course,24"subbase course)to a 23"section(6"asphalt, 17"base course). The thinner section meets future traffic conditions,but will likely require additional subexcavation of the poor subgrade if installation is during a rainy period. Subexcavation areas are unknown until they are exposed during construction. • Replace thermoplastic pavement markings with epoxy. (Note: thermoplastic is a City of Bozeman standard requirement). • Eliminate the chip seal,and provide it in the future through a different funding source. (Note: chip seal was part of the original project scope). Please see the attached letter from Knife River regarding specific cost savings for each item. Based on the review of the Bidder's documentation,RPA recommends award of the construction contract for the Baxter Lane Improvements Project from Davis Lane to 19'b Avenue to the following Contractor, based on them providing the apparent lowest responsible bid,contingent on review and/or concurrence from the City Attorney: Knife River PO Box 9,Belgrade,MT 59714 Phone: (406) 388-9612 Email: Josh.Walter@KnifeRiver.com Montana Contractor's Registration#: 10089 Bid Amount: $4,147,364.00 Also enclosed is the Official Bid Proposal from the Contractor. Please contact me at(406) 580-4438 with any questions. Sincerely, ROBERT PECCIA AND ASSOCIATES Staci Venner,P.E. Project Manager Enclosures 2 1 P a g e KNIFE RIP% AN MOU RESOURCES COMPANY � www.Icnifenver.com Intermountain Region-Belgrade Division PO Box 9 Belgrade,MT 59714 (406)388.6832 (406)388-8347 Fax June 271h, 2018 Robert Peccia and Associates Staci Venner, P.E. 3810 Valley Commons Dr.#4 Bozeman, MT 59718 RE: Baxter Lane Improvements Project—Davis Lane to 19th Ave. Cost Savings Dear Staci, Per your request Knife River is providing the following letter concerning the potential cost saving measures on the above referenced project: 1. Revised Pavement Section We have reviewed the revised quantities on changing the original 37" pavement section(5" Asphalt,8" Base Course and 24"of Subbase)to a 23" pavement section (6"Asphalt and 17" Base Course)and offering the following revised pricing for this change: Original Revised Item Description Quantity_ Unit Unit Price Total quantity Unit Unit Price Total Savings 47 Street Excavation 17520 CY $18.00 $315,360.00 11255 CY $18.00 $202,590.00 -$11.21770.0 Embankment-NEW ITEM 6506 CY $25.00 $162,500.00 $162,500.00. 51 Subbase 12679 CY $28.00 $355,012.00 0 CY $0.00 $0.00 -$355,01.2.00 52 Crushed Base 4430 CY $32.00 $141,760.00 9425 CY $32.00 $301,600.00 $159,840.00' 53 Asphalt Paving 4812 TN $70.00 $336,840.00 5775 TN $70,00 $404,250.00 $67,410.00 -$76,032.00 2. Chip Seal Removal We have reviewed the removal of the chip seal from our scope and are acceptable with this change. Original Revised item Description Quantity, Unit Unit Price Total Quantity Unit Unit Price Total ' Savings 55 Chip Seal 29920 SY EQUAL OPPORTUNITY EMPLOYER 3. Remove all Thermoplastic Pavement Markings and Replace with Epoxy We have reviewed the change from thermoplastic pavement markings to all epoxy pavement markings and offer the following revised pricing for this change. Original Revised Y Item Descri Lion Quantity Unit Unit Pric I Quantity I Unit I Unit Price Total 1Savings 75 Pavement Markings 1 LS $204,000.00 $204,0Q0.U0 1 tS $fi4,000.(x) $64,000.00 14�,C€'O 3 Based on the scope change and estimated quantity adjustments we anticipate an overall project cost savings of approximately$277,872.00. In addition,with the removal of the chip seal from the contract we anticipate additional pavement marking removal will be required.This additional removal is not reflected in any of the above pricing. Please feel free to call (406-924-5572)with any questions. Sincerely, fj J,. 10 Walter Project Manager/Estimator Knife River-Belgrade BIDDING REQUIREMENTS BIDDER'S CHECKLIST Please utilize the following Bidder's Checklist before submitting your bid. 1) Original Bid Bond Enclosed? (Personal checks,business checks, and faxed copies are not acceptable.) 2) Bid Proposal: a._ Arithmetic Checked? b._ Unit Bid amounts agree with math calculations? c._ All Addenda acknowledged on proposal sheet and cover? d._ Signature portion filled out? e._ Bid Proposal sheets intact in Official Bid Proposal DO NOT REMOVE f. _ Non-Discrimination Affirmation form completed and signed? _3) Bid Envelope: a._ Addressed properly? (See Proposal, Instructions to Bidders) b._ Contains the Construction Specifications and Contract Documents booklet? c._ Acknowledged Receipt of Addenda? d. Sealed? _4) Bid Submitted prior to required time at specified location? Leave all sheets intact in the Contract Documents booklet and return the complete Contract Documents booklet. ALL BID DOCUMENTS AND BONDS MUST BE ORIGINALS. BIDDERS CHECKLIST Page I of 1 CITY OF BOZEMAN,MONTANA CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman,Montana, is accepting sealed bids for: Baxter Lane Improvements Project, From Davis Lane to North 19t'' Avenue Separate sealed Bids for Construction of City of Bozeman Baxter Lane Improvements Project from Davis Lane to North 1911 Avenue will be received by the City Clerk at the office at City Hall, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 p.m. (local time) on June 19t', 2018 and then publicly opened and read aloud. Original copies must be submitted- no faxed or electronic bids will be accepted. The physical address is: City Clerk's Office, Suite 202, City Hall, 121 No. Rouse Avenue,Bozeman,Montana. The mailing address is: City Clerk's Office, Suite 202, City Hall,P.O. Box 1230, Bozeman, Montana 59771. The project is reconstruction of Baxter Lane from west of Davis Lane to west of North 19t" Avenue, and widening of Davis Lane at the Baxter Lane intersection. The work includes a new traffic signal at the Baxter and Davis intersection, street excavation, gravel base courses, asphalt pavement, chip seal, curb and gutter, sidewalk, storm drain, culvert extensions, utility adjustments, street lighting, signing, pavement markings, topsoil, and seeding. The Contract Documents may be examined at the office of the City of Bozeman Engineering Department, 20 East Olive Street, Bozeman, Montana, (406) 582-2280. The Contract Documents may be examined and obtained at the offices of Robert Peccia and Associates, 3810 Valley Commons Drive#4, Bozeman, Montana (406) 284-2665 and 3147 Saddle Drive, Helena, Montana (406) 447-5000, in accordance with the Instructions To Bidders. Required deposit is $50.00 for the Construction Specifications and Contract Documents booklet, which is non- refundable. Digital project documents are available at Robert Peccia & Associates web site (www.r�a- hln.com). Click on the link titled "Current Projects Bidding". You may download and print the Contract Documents at no charge, however, all Prime Contractors that intend to offer a bid for this project must obtain and submit the Official Construction Specifications and Contract Documents booklet for the non-refundable deposit of $50.00. A printed set of Construction Drawings may also be obtained for a non-refundable deposit of $250.00, if the Contractor chooses not to download and print their own set of Construction Drawings. There will be a Pre-Bid Conference at the office of the City of Bozeman Engineering Department, 20 East Olive Street, Bozeman, Montana at 10:00 a.m. on June 611, 2018. Interested CONTRACTORS are encouraged to attend. INVITATION TO BID Page 1 of 2 CONTRACTOR and any of the CONTRACTOR'S subcontractors bidding or doing work on this project will be required to be registered with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the DLI, PO Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling (406) 444- 7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. Discrimination in the performance of any contract awarded under this invitation on the basis of race, color, religion, creed, sex, age; marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity's employees and to all subcontracts. Every entity submitting under this invitation must sign and return the required affirmation. Each Bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the total amount of the Bid. Successful BIDDERS shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent(100%) of the contract amount. Insurance, as required, shall be provided by the successful BIDDER(s) and certificates of that insurance shall be provided. No Bid may be withdrawn after the scheduled time for the public opening of bids. The City of Bozeman reserves the right to reject any or all proposals received, to waive informalities to postpone the award of the contract for a period not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the City of Bozeman. The Contractor is required to be an Equal Opportunity Employer. DATED at Bozeman,Montana, this 27'day of May, 2018. Robin Crough, CMC Bozeman City Clerk Published Legal Ad,Bozeman,Montana Sunday, May 27 h, 2018 Sunday, June 10 h, 2018 INVITATION TO BID Page 2 of 2 INSTRUCTIONS TO BIDDERS 1. BIDS A. The Bidder shall submit their proposal on the forms bound in these Contract Documents and shall be subject to all the requirements of the Contract Documents including the Drawings and these Instructions to Bidders. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. All bids must be regular in every respect and no interlineations, alterations, or special conditions shall be made or included in the Bid Proposal by the Bidder. B. Complete sets of bidding documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from downloading,printing and using incomplete sets of Contract Documents. C. Each Bid Proposal shall include the following Bid Documents: (1) Bid Proposal, and (2) Bid Security, and (3) completed and signed Non-Discrimination Affirmation form, all of which are included in this bound volume of Contract Documents. Proposals that do not contain a signed Affirmation form will not be read. D. Submit one copy of the complete bound Contract Documents booklet in an opaque sealed envelope. DO NOT REMOVE THE PROPOSAL NOR ANY OTHER PAGES FROM THE BOUND CONTRACT DOCUMENTS. Bid Proposal shall be enclosed in an envelope which shall be sealed and clearly addressed as follows: Addressed to: City of Bozeman Clerk of Commission 121 North Rouse Avenue P.O.Box 1230 Bozeman,Montana 59771 Mark lower left-hand corner of the envelope as follows: Project Name: Baxter Lane Improvements Project From Davis Lane to North 1911 Avenue Bid Date\Time: Contractor Name: Montana Certificate of Contractor Registration Number: Acknowledge Receipt of Addendum No(s): E. Bids will be written in ink and/or typewritten on bid forms furnished herewith. The blank spaces on the forms must be filled in correctly for each item, and the bidder must state the price (written both in words and numerals) for which he proposes to do each item of work contemplated. All Bid Proposals must be totaled and, in the case of errors or discrepancies the item prices written in words shall govern. INSTRUCTIONS TO BIDDERS Page 1 of 13 F. The proposal must acknowledge receipt of all addenda issued. G. Erasures or corrections must be initialed by the Bidder in ink. 2. BID SECURITY The Bid must be accompanied by a Bid Security which shall not be less than 10 percent(10%) of the amount of the bid. At the option of the Bidder, the security may be in the form of a cashier's check, certified check, bank money order, or bank draft drawn and issued by a national banking association located in the State of Montana or by any banking corporation incorporated under the laws of the State of Montana or Bid Bond (EJCDC C-430) executed by a surety corporation authorized to do business in the State of Montana. No bid will be considered unless it is accom- panied by the required guaranty. Cashier's checks, certified checks, bank money orders, or bank drafts must be made payable to the City of Bozeman. The Bid Security shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents. Should the Bidder fail to furnish the properly executed Performance Bond, Labor and Material Payment Bond, Insurance Certificates, and signed Agreement within the time specified, he/she shall forfeit this Bid Security to the Owner. The Bid Security (negotiable instruments other than bonds) will be returned to unsuccessful Bidders when the successful Bidder has signed the Agreement and furnished satisfactory Performance and Labor and Material Payment Bonds. At the option of the Owner, bid security with bids that are not competitive may be returned prior to signature of the Agreement. Revised Bids submitted before the opening of bids,if representing an increase in the original bid, must have the Bid Security adjusted accordingly; otherwise,the bid will not be accepted. If the Bidder elects to furnish a Bid Bond, the Bidder shall use the Bid Bond form (EJCDC C- 430)bound herewith. 3. SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached thereto a Power of Attorney evidencing authority to sign the bid in the name of the person for whom it is signed. Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-in-fact. If signed by an attorney-in-fact, there should be attached to the bid a Power of Attorney evidencing authority to sign the bid. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the work. By: Corporate Seal: Title: INSTRUCTIONS TO BIDDERS Page 2 of 13 If bids are signed for any other legal entity, the authority of the person signing for such legal entity should be attached to the bid. 4. TELEGRAPHIC MODIFICATION Any Bidder may modify their bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids. The telegraphic communication shall not reveal the bid price, but shall only provide the addition or subtraction from the original proposal. Telegraphic proposal modifications must be verified by letter. This written confirmation shall be received no later than three (3) working days following the bid opening or no consideration will be given to the telegraphic modification. 5. BID QUANTITIES Bidders must satisfy themselves by personal examination of the location of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under this contract are approximate and to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that, during progress of the work, the Owner may fmd it advisable to omit portions of the work, to increase or decrease the quantities as may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under this contract shall be the actual amount of work done and materials furnished. The Contractor agrees to make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. 6. BID REQUIREMENTS The Bidder is expected to base their bid on materials and equipment complying fully within the plans and specifications and, in the event the Bidder names in their bid materials or equipment that does not conform, the Bidder will be responsible for furnishing materials and equipment which fully conform at no change in the bid price. Before submitting a proposal, each Contractor should read the complete Contract Documents (including all addenda), specifications and plans, including all related documents contained herein, all of which contained provisions applicable not only to the successful Bidder,but also to the subcontractors. 7. EXAMINATION Examine documents and conditions at existing site carefully. No extra payments will be given for conditions which can be determined by examining documents and existing conditions. 8. QUESTIONS Submit questions to the Engineer. Replies will be issued to Bidders of record as an addenda. Engineer and Owner shall not provide nor be responsible for any oral clarification. INSTRUCTIONS TO BIDDERS Page 3 of 13 9. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful Bidder, upon his failure or refusal to execute and deliver the contract and bonds required within ten(10) days after the successful Bidder has received notice of the acceptance of their bid, shall forfeit to the Owner as liquidated damages for such failure or refusal, the security deposited with their bid, as provided in 18-1-204 Montana Code Annotated. 10. GROSS RECIEPTS HOLDING In accordance with Section 15-50-205, Montana Code Annotated, the City of Bozeman must withhold one percent (1%) of incremental payments due the Contractor for remittance to the Department of Revenue for any contracts greater than$5,000.00. 11. CITY OF BOZEMAN BUSINESS LICENSE All Contractors conducting work within the City of Bozeman are required to have a current City of Bozeman Business License. Applications for Business Licenses may be obtained at City Hall, 121 N. Rouse Avenue, Bozeman, Montana. 12. QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon, and that they have the necessary financial resources to complete the proposed work. In determining the lowest responsible bid, the following elements will be considered: whether the Bidder involved (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the work properly and expeditiously; (c) has a suitable financial status to meet obligations incident to the work; and(d) has appropriate technical experience. Each Bidder may be required to show that former work performed by them has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if they are engaged in any other work which impairs their ability to finance this contract. The Bidder shall demonstrate their ability to meet all requirements herein stipulated, if requested. 13. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specifications, 6a' Edition (MPWSS), shall be used to govern the contractual and performance aspects of this project, and is hereby incorporated at part of these Contract Documents, as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications 6,' Edition (COB MODS), including all addenda which is hereby incorporated as part of these Contract Documents, and as further modified herein. All standard forms of MPWSS shall be utilized in executing these Contract Documents unless otherwise noted or revised in these bound Contract Documents. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman, in order to assist the Contractor in preparation of their bids. Selected sections of the Montana Department of Transportation Standard Specifications for Road and Bridge Construction, 2014 Edition, and applicable Supplemental Specifications, are hereby INSTRUCTIONS TO BIDDERS Page 4 of 13 incorporated by reference and made part of this contract. The selected sections are listed elsewhere in these Contract Documents. 14. CONTRACT DOCUMENTS MAY BE VIEWED AT THE FOLLOWING LOCATIONS: Robert Peccia and Associates City of Bozeman Engineering Dept. 3810 Valley Commons Drive, Suite 4 20 East Olive Street Bozeman,MT 59718 Bozeman,MT 59715 Phone: (406)284-2665 Phone: (406) 582-2280 Robert Peccia and Associates On-line at www.MontanaBid.conn 3147 Saddle Drive Helena,MT 59601 On-line at www.Epa-liln.com Phone: (406)447-5000 under"Current Projects Bidding" 15. SUBSTITUTE AND "OR-EQUAL"ITEMS The Contract, if awarded, will be based on materials and equipment specified or described in the Contract Documents without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Contract Documents that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. 16. INTERPRETATIONS AND ADDENDA All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. It shall be the responsibility of the Bidder to obtain such Addenda prior to submitting his proposal, and to acknowledge receipt of all addenda issued in the Bid Proposal. Any addenda issued during the time of bidding, or forming part of the Contract Documents used by the Bidder for preparation of their proposal, shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. 17. EXAMINATION OF CONTRACT DOCUMENTS AND SITE CONDITIONS A. Before submitting a bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws, ordinances, rules and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents; and (e)notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. INSTRUCTIONS TO BIDDERS Page 5 of 13 1. Each Bidder should visit the site of the proposed work and fully acquaint themselves with the existing conditions relating to construction and labor, and should fully inform themselves as to the facilities involved, and the difficulties and restrictions regarding the performance of the Contract. In submitting a bid for this project, the Bidder is thereby acknowledging that he can perform the specified work on the site. The Bidder should thoroughly examine and familiarize themselves with the Drawings, Technical Specifications, and all other Contract Documents, and shall verify the accuracy of the estimated quantities in the Bid Proposal. Failure to do so will not relieve the successful Bidder of their obligations to carry out the provisions of this Contract. 2. The submission of a Bid will constitute a representation of familiarization by the Bidder. There will be no subsequent financial adjustment for lack of such familiarization. B. The Contractor may refer to the following for information regarding site conditions: 1. Those drawings of physical conditions in or relating to the existing surface and subsurface conditions which are at or contiguous to the site (except underground facilities) which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. 2. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. 3. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Sections 4.02 and 4.03 of the General Conditions. 4. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the work which Bidder deems necessary to determine their bid for performing and furnishing the work in accordance with the time,price and other items and conditions of the Contract Documents. 5. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a bid. Any administrative requirements and associated costs of such investigations are the responsibility of the Bidder. The Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. INSTRUCTIONS TO BIDDERS Page 6 of 13 6. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto are designated for use by Contractor in performing the Work are identified on the Contract drawings. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 7. The submission of a Bid will constitute an incontrovertible representation by Bidder that the Bidder has complied with every requirement of this section and that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means methods techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 18. UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written inquiry of the related utility agency to determine the location of underground utilities in the project area. 19. TIME FOR RECEIVING BIDS Bids received prior to the advertised time of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. 20. OPENING OF BIDS Bids will be opened at the time set for opening in.the Invitation To Bid and, unless obviously non-responsive, read aloud publically. Bidders and other persons properly interested may be present, in person or by representative. 21. WITHDRAWAL OF BIDS Bids may be withdrawn at any time prior to the scheduled closing time for the receipt of bids if through written confirmation or in person. The Bid Security of any Bidder withdrawing his bid in accordance with the foregoing conditions shall be returned promptly. If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written notice with the OWNER and promptly thereafter demonstrates to the reasonable satisfaction of the OWNER that there was a material and substantial mistake in the preparation of its Bid, that the Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated,that Bidder will be disqualified from further bidding on the Work. 22. METHOD OF AWARD a. Award of the contract shall be to the lowest "responsible" Bidder whose total base bid or the lowest combination of base bid and additive alternate bid(s), INSTRUCTIONS TO BIDDERS Page 7 of 13 taken in consecutive order, and within the funds available, is the lowest "responsible"bid for the work. b. If such lowest bid exceeds the budget, the Owner may reject all bids. C. The Owner reserves the right to reject any or all bids or to waive any irregularity or informality in any bid received. The Owner reserves the right to determine what constitutes material and/or immaterial informalities and/or irregularities. d. The Owner shall award such contract to the lowest "responsible" bidder (18-1-102 MCA). The term"responsible" does not refer to pecuniary ability only, or the ability to tender sufficient performance and payment bonds. The term "responsible" includes, but is not limited to: 1. Having adequate financial resources to perform the contract or the ability to obtain them; 2. Being able to comply with the required delivery, duration, and performance schedule; 3. Having a satisfactory record of integrity and business ethics; 4. Having the necessary production, construction, technical equipment, and facilities, and; 5. Having the technical skill, ability, capacity, integrity, performance, experience, lack of claims and disputes, lack of actions on bonds, lack of mediations, arbitrations and/or lawsuits related to construction work or performance, and such like. e. Unless otherwise stated in the Special Provisions, all contracts will be awarded in conformance with the laws of the State of Montana. Pursuant to Section 18-1-102, Montana Code Annotated, the Owner, in awarding public contracts for construction, repair, and public works of all kinds, shall award such contract to the lowest responsible Bidder without regard to residency. However, a resident bidder must be allowed a preference on a contract against the bid of any non-resident bidder from any state or country that enforces a preference for resident bidders. The preference given to resident bidders of this state must be equal to the preference given in the other state or country. f. The Owner may make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the,right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified and responsible to carry out the obligations of the Agreement and to complete the Work contemplated therein. INSTRUCTIONS TO BIDDERS Page 8 of 13 23. PRE-AWARD CONFERENCE The Bidder submitting what appears to be the lowest responsible bid may be required to meet with the Engineer prior to the award of the contract for the purpose of discussing pertinent details pertaining to the proposed Work. The following points will be considered: a. The Contractor's organization and equipment available for work and the Contractor's proposed sources of materials or installed equipment; b. Contractor's financial status and capability to execute the contract; C. The Contractor's proposed schedule of operations; d. The interpretation of the Specifications; e. The Contractor's proposed wage rates for use on the project; f. Bidder status concerning"responsibility"; g. Approval of subcontractors; h. Unbalanced bids, either in excess or below the reasonable cost analysis value. Should the conference indicate that the Contractor does not appear to be in a position to properly undertake the Work or that he has not properly familiarized himself with the Plans and Specifications, the Owner reserves the right to reject the bid of this Contractor and to consider the next Bidder. 24. EXECUTION OF AGREEMENT a. After the award and within 10 days after the date of the Notice of Award, the successful Bidder shall execute and deliver to the Owner an Agreement, the - Performance Bond, Labor and Material Payment Bond, Insurance Certificates, and an Approval of Subcontractors form in such number of copies as the Owner may require. The standard Agreement form as issued by the Owner shall be used as the contracting instrument. b. The Agreement form shall be signed in longhand by the proper representatives of the contracting firm as follows: 1. The principal of the single-owner firm. 2. A principal of the partnership firm. 3. An officer of the incorporated firm, or an agent whose signature is accompanied by a certified copy of the resolution of the Board of Directors authorizing the agent to sign. 4. Other persons signing for a single-owner firm or a partnership shall attach a Power of Attorney evidencing his authority to sign for that firm. C. The Owner within 30 days of receipt of acceptable Performance Bond, Labor and Material Payment Bond, required Insurance Certificates, and Agreement signed by the parry to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the Bidder may by written notice withdraw his INSTRUCTIONS TO BIDDERS Page 9 of 13 signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. 25. PERFORMANCE, LABOR AND MATERIAL PAYMENT BONDS AND INSURANCE a. The Owner will require the successful Contractor to furnish a Performance Bond (EJCDC C-610) in the amount of 100 percent of the contract price as security for the faithful performance of his Contract. b. The Owner will require the successful Contractor to furnish a Labor and Material Payment Bond (EJCDC C-615) in the amount of 100 percent of the contract price as security for the payment of all persons performing labor and furnishing materials in connection therewith. C. The bonds will be signed by the Attorney-in-fact and countersigned by a Montana Resident Agent. d. Prior to beginning work, Insurance Certificates as proof of insurance coverage shall be filed with the Owner. The specifications for the Workers' Compensation, Commercial General Liability, Separate Owner's and Contractor's Protective Policy, and other related insurance are listed in these Contract Documents. 26. POWER OF ATTORNEY r` a. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney. b. One original shall be furnished with each set of bonds. C. Additional copies furnished with a set of bonds may be copies of that original. 27. LABOR AND WAGES a. For projects more than $25,000 let for state work, the Contractor(s) shall pay the standard prevailing rate of wages, including fringe benefits for health and welfare and pension contributions and travel allowance provisions in effect and applicable in the county or locality in which the work is being performed (18-2-403, Montana Code Annotated). b. On any state construction project funded by state or federal funds, except a project partially funded with federal aid money from the United States Department of Transportation or when residency preference laws are specifically prohibited by federal law and to which the state is a signatory to the construction contract, each Contractor shall ensure that at least 50 percent of the Contractor's workers performing labor on the project are bona fide Montana residents, as defined in 18-2- 401, (18-2-409, MCA). C. Montana Prevailing Waize Rates. The Montana Commissioner of Labor and Industry has established the standard prevailing rate of wages in accordance with INSTRUCTIONS TO BIDDERS Page 10 of 13 18-2-401 and 18-2-402, Montana Code Annotated. A copy of the wage rates are bound herein. It is the Contractor's responsibility to classify their workers in accordance with the craft of trade to be performed and pay the appropriate established prevailing wage rate. d. The Contractor shall classify all workers on the project in accordance with the Department of Labor Wage Rate Determinations. In the event the Contractor is unable to classify a worker in accordance with these rates, the Contractor shall contact the Department of Labor and Industry, Labor Standards Bureau, Wage and Hour Unit, Helena, Montana 59604, for a determination of the prevailing wage rate to be paid that worker. e. Should the prevailing rate of wages change during the life of the contract, the wage rates included in the Contract Documents at the time of the bid opening shall be the prevailing wage rate for the life of the contract. f. Section 18-2-406, Montana Code Annotated, provides that Contractors, subcontractors, and employers who are performing services under public works contracts as provided in this part shall post in a prominent and accessible site on the project or work area, not later than the first day of work, a legible statement of all wages and fringe benefits to be paid to employees on such site or work area. g. Travel allowance, if applicable, may or may not be all-inclusive of "travel" and/or subsistence and travel time due employees. It is incumbent on the employer to determine the amounts due for each craft employed per the method of computation outlined for each craft where applicable. h. Any notice of infraction of the labor laws of the State of Montana received by the Owner or Engineer will be forwarded to the State of Montana, Department of Labor and Industry, Wage and Hour Unit,Helena, Montana. i. Safety Training. Contractor shall comply with the Occupational Safety and Health Act(OSHA). 28. CITY OF BOZEMAN NON-DISCRIMINATION POLICY Attention of Bidders is particularly called to the requirement for ensuring that the Contractor's employees and applicants for employment are not discriminated on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the Contractor's employees and to all subcontractors. The Owner is an equal opportunity employer. 29. PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thereto shall be maintained by the Contractor during the work and preserved for a period of three years thereafter for all laborers and mechanics working at the INSTRUCTIONS TO BIDDERS Page i I of 13 site of the work, or in the development of the project. Such records will contain the name and address of each employee, his correct classification, rates of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, the Contractor will submit weekly a copy of all payrolls to the Owner and Engineer. The copy shall be accompanied by a certification signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Montana Department of Labor and Industry, and that the classifications set forth for each laborer or mechanic conform with the work he performed. The prime Contractor will make the record required under the labor standards clause of the Contract available for inspection by authorized representatives of the Owner and the Montana Department of Labor and Industry and will permit such representatives to interview employees during working hours on the job. Payroll reports and certificates of compliance shall be submitted to the Owner and Engineer prior to or with each Payment Request. The copies sent to the Owner and Engineer are for archive purposes only, because neither the Owner or Engineer are trained in the interpretation of payroll reports, and thus will rely on the Contractor's certification that all employees are being classified and paid appropriately. 30. BUY AMERICAN REQUIREMENTS The Contractor agrees that preference will be given to domestic construction material by the Contractors, subcontractors, and suppliers in the performance of this Contract. a. Domestic Preference. Domestic construction material must be used in preference to non-domestic materials if it is priced no more than 6 percent higher than the Bid or offered price of the non-domestic materials including all costs of delivery to the construction site, including any applicable duty, whether or not assessed. Computations will normally be based on costs on the date of opening Bids or Proposals. b. Waiver. The Owner may waive the Buy-American provision based upon those factors that it deems relevant, including: 1. Such use is not in the public interest; 2. The cost is unreasonable; 3. The available resources of the Owner are not sufficient to implement the provision; 4. The articles, materials, or supplies of the class or kind to be used or the articles, materials, or supplies from which they are manufactured and not mined, produced, or manufactured in the United States in sufficient and reasonable available commercial quantities or satisfactory quality for the project; or 5. Application of this provision is contrary to multilateral government procurement agreements. INSTRUCTIONS TO BIDDERS Page 12 of 13 31. MAINTENANCE OF RECORDS Contractor shall maintain all required records for three years after the Owner makes final payment and all other pending matters are closed. 32. NOTICE TO PROCEED The Notice to Proceed will normally be issued within 30 days of the execution of the Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual written agreement between the Owner and Contractor. 33. CONTRACT TIME The Contract Time will be as set forth in the Special Provisions. 34. LIQUIDATED DAMAGES Liquidated damages will be as set forth in the Special Provisions. 35. MONTANA CONTRACTOR'S REGISTRATION The Contractor and any of the Contractor's subcontractors doing work on this project will be required to be registered with the Montana Department of Labor and Industry prior to bidding this project. Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue,Helena, Montana. (1-800-556-6694) 36. NOTICE OF EXTENDED PAYMENT PROVISION This Contract allows the Owner to make payment within 21 calendar days after the Owner's approval of the payment request. INSTRUCTIONS TO BIDDERS Page 13 of 13 GENERAL CONDITIONS INCORPORATION OF EJCDC STANDARD GENERAL CONDITIONS Incorporation of the Montana Public Works and Engineers Joint Contracts Documents Committee Standard General Conditions and Supplementary Conditions to the General Conditions. The following are hereby incorporated by reference and made a part of this Contract: 1. The Standard General Conditions of The Construction Contract as Prepared by the Engineers Joint Contract Documents Committee as found in the Montana Public Works Standard Specifications, Sixth Edition,April 2010. 2. The Supplementary Conditions to the General Conditions as found in the Montana Public Works Standard Specifications, Sixth Edition,April 2010. The following RPA Supplementary Conditions are modifications to Montana Public Works and Engineers Joint Contract Documents Committee Standard General Conditions of the Construction Contract: RPA SUPPLEMENTARY CONDITIONS The intent of this Section is to supplement the conditions outlined in the Standard General Conditions. CONTENTS 1. Insurance 2. Bonding 3. Estimated Quantities 4. Unit Price Work 5. Project Meetings 6. Governing Standards and Regulatory Requirements 7. Submittals 8. Weed Control 9. Regular Hours and Weather Days 10. Contractor Reimbursed Engineering Costs 11. Construction Progress 12. Repair and Replacement Quality 13. Rejected Work 14. Project Close-out 15. General Equipment Stipulations 16. Blasting 1. INSURANCE Without limiting any of the other obligations or liabilities of the CONTRACTOR, CONTRACTOR shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana,with minimum"A.M.Best Rating"of A-,VI, as will protect the CONTRACTOR,the vicarious acts of subcontractors,the OWNER,the ENGINEER, the Engineer's Consultants,and the respective directors, officers,partners, agents, employees and other consultants and subcontractors of each and any of all such additional insured's from claims for bodily injury(including sickness,disease and mental anguish),death and property damage which may arise from operations and completed operations under this Agreement. CONTRACTOR shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance,with binders,and certified copies of the insurance policy(s)shall have been filed with the OWNER and the ENGINEER. All insurance coverage shall remain in effect throughout the life of the Agreement, except that the CONTRACTOR shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of two years following the substantial completion date for property damage resulting from occurrences during the agreement period. A. Contractor's Liability Insurance Add the following new paragraphs immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation and related coverages under Paragraphs 5.04.A.1 and 5.04.A.2 of the General Conditions. a. State Statutory b. Applicable Federal(e.g. Longshoremans) Statutory RPA SUPPLEMENTARY CONDITIONS Page 1 of 16 C. Employer's Liability $1,000,000 2. CONTRACTOR'S General Liability Insurance under Paragraphs 5.04.A.3 through 5.04.A.6 of the General Conditions which shall include a Commercial General Liability insurance policy based on Insurance Services Office(ISO) Form CG 00 01 12 07 (or 12 04, or 10 01 edition dates). The coverage shall be based on an occurrence form and shall include, but not be limited to, coverage for Premises/Operations, Products/Completed Operations, Personal and Advertising Injury, Subcontractors, and Liability assumed under an insured contract. There shall be,no endorsement or modification of the Commercial General Liability policy form that modifies the standard general liability policy arising from pollution, explosion, collapse, underground property damage, subsidence, or work performed by subcontractors. The General Aggregate Limit shall apply separately to each of the Contractor's projects per the latest edition of Form CG 25 01, CG 25 03,or equivalent. a. GENERAL AGGREGATE PER PROJECT $3,000,000 b. Products-Completed Operations Aggregate $3,000,000 C. Personal and Advertising $2,000,000 d. Bodily Injury and Property Damage (Each Occurrence) $2,000,000 e. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. The deductible, if any, may not exceed $5,000.00 per occurrence on property damage. f. In addition to other requirements in the General Conditions, Coverage will include at a minimum: 1. Premises- Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5. Products and Completed Operations 6. NO additional exclusions that modify the standard ISO Commercial General Liability policy form CG 00 01 12 07 (or 12 04, or 10 01 edition dates) in regard to pollution, explosion, collapse, underground property damage, subsidence, or work performed by subcontractors will be acceptable. 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: RPA SUPPLEMENTARY CONDITIONS Page 2 of 16 a. Bodily Injury: Each Person $2,000,000 Each Accident $2,000,000 Property Damage: Each Accident $2,000,000 (or) b. Combined Single Limit $2,000,000 Coverage to be written with a symbol 1 (One) any auto basis to Include: 1. All Owned 2. Hired 3. Non-Owned C. Contractor's Automobile Liability Insurance under 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. The deductible, if any, may not exceed $5,000.00 per accident. 4. The Contractual Liability coverage required by Paragraph 5.04.B.3 of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence $2,000,000 Aggregate $3,000,000 a. Contractual Liability Insurance under 5.04.13. 3 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. The deductible, if any,may not exceed$5,000.00 per occurrence. 5. OWNERS and CONTRACTORS Protective Policy - Purchased By CONTRACTOR: In addition to the insurance required to be provided by Contractor under paragraph 5.04.A.1 through 5.04.A.6 inclusive, Contractor shall purchase and maintain a separate Owners and Contractors Protective Policy (OCP) to protect Owner against claims which may arise from operations under the Contract Documents,with limits of liability as specified below. The policy must be in the name of the Owner. This liability insurance shall include as additional insureds the Engineer and the Engineer's Consultants, and include coverage for the respective directors, officers, partners, employees, agents and other consultants and subcontractors of all such additional insureds. a. General Aggregate $2,000,000.00 b. Each Occurrence $1,000,000.00 (Bodily Injury and Property Damage) RPA SUPPLEMENTARY CONDITIONS Page 3 of 16 The OCP policy shall remain in effect until completion of the project and final payment is made to the Contractor and all times thereafter when the Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07 of the General Conditions. The insurance policy will contain a provision or endorsement,that the coverage afforded will not be cancelled, materially changed or renewal refused until at least forty-five (45) days prior written notice has been given to Owner and to each other additional insured (and the certificates of insurance furnished to Owner and each other additional insured will so provide). 6. AdditionalInsured's: The CONTRACTOR'S insurance coverage shall name the OWNER, and ENGINEER and Engineer's Consultants and applicable landowners (if any) as an additional insured under Commercial General Liability,Automobile Liability and Excess or Umbrella policies. A list of the known additional insured's for this project is contained in the Special Provisions. a. With respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6, inclusive, include the following as additional insured's on a primary, non-contributory basis. Use the following Additional Insured Endorsements: ENTITY FORM Owner and Landowners- use Additional Insured Endorsements; CG 20 10 11 [See Special Provisions] 85 or combination of CG 20 10 10 01 &CG 20 37 1001 or CG 32 87 05 10&CG 32 90 05 10 Montana only—or subsequent editions; Additional insured must include On-going O erations as well as Completed Operations. Engineer—Robert Peccia use Additional Insured Endorsement; CG 20 32 and Associates Engineers' Consultants— use Additional Insured Endorsement; CG 20 32 See Special Provisions b. With respect to the Owner's and Contractor's Protective Policy (OCP) insurance required by paragraph SC-5.04.C.5, include the following as additional insureds. Use the following Additional Insured Endorsement: ENTITY FORM Engineer—Robert Peccia use Additional Insured Endorsement; CG 20 31 and Associates Engineers' Consultants— use Additional Insured Endorsement; CG 20 31 See Special Provisions B. Cancellation Notice Amend paragraph 5.04.13.4 of the General Conditions by striking out the words "30 days" and replacing them with the words"45 days"and as so amended paragraph 5.04.B.4 remains in effect. RPA SUPPLEMENTARY CONDITIONS Page 4 of 16 C. Property Insurance Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: 1. CONTRACTOR shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof(subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: a. Include the interests of OWNER, CONTRACTOR, Subcontractors(All Tiers — Contractor to list Subcontractors), ENGINEER, ENGINEER'S Consultants, and any other persons or entities identified in the Special Provisions,each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; b. Deductible may not exceed $10,000 unless approved by an appropriate change order with the following exception: Deductible may be higher than $10,000 for Flood and Earthquake perils, but the Contractor shall be responsible for paying the entire cost of the higher deductible should a claim be submitted against the policy for Flood and Earthquake perils. A letter from the Contractor stating what the deductible is and that they will cover the deductible amount is required as part of the insurance submittal. C. be written on a Builder's Risk special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and Work in transit and shall insure against at least the following perils: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, flood, and other perils as may be specifically required by the Supplementary Conditions; d. include expenses incurred in the repair or replacement of any insured property(including but not limited to the fees and charges of engineers and architects); e. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work,provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; f. be endorsed to allow occupancy and partial utilization of the Work by OWNER; g, include testing and start-up; and h. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with forty-five days written notice to each other additional insured to whom a certificate of insurance has been issued. i. CONTRACTOR shall be responsible for any deductible or self-insured retention. RPA SUPPLEMENTARY CONDITIONS Page 5 of 16 j. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this Article 1.0 shall comply with the requirements of Paragraph 5.06.0 of the General Conditions. k. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this Article 1.0 shall comply with the requirements of GC-5.06.C. The qualifications of the insurance company shall comply with the requirements of Article 1 of these Supplementary Conditions. 2. BONDING In addition to all bonding requirements indicated in Article 5 of the General Conditions, all Contractors shall be responsible for meeting the Montana Workers Surety Bond Requirements per MCA 18-2-201. Bonds shall remain in effect during the warranty period. 3. ESTIMATED QUANTITIES All estimated quantities stipulated in the Proposal and 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 proposals submitted for the work. It is understood and agreed that the actual amounts of work done and materials furnished under unit price items may vary substantially from such estimated quantities. The actual quantities will depend on the conditions encountered at the time the work is performed, and the unit prices apply, subject to the exceptions in Supplementary Condition 4—Unit Price Work. 4. UNIT PRICE WORK Paragraph 11.03 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: A. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 1. If the total cost of a particular item of Unit Price Work amounts to 10%or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 25%from the estimated quantity ofsuch item indicated in the Agreement; and 2. If there is no corresponding adjustment with respect to any other item of Work; and 3. If Contractor believes that Contractor has incurred additional expense as a result thereof- or if Owner believes that the quantity variation entitles Owner to an adjustment in the unit price, either Owner or Contractor may make a claim for an adjustment in the Contract Price in accordance with the General Conditions if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed." 5. PROJECT MEETINGS Project meetings shall be held monthly to review progress and requests for payment, maintain coordination, update and modify scheduling requirements, and resolve any problems that might develop. The Engineer shall preside at the meeting. RPA SUPPLEMENTARY CONDITIONS Page 6 of 16 6. GOVERNING STANDARDS AND REGULATORY REQUIREMENTS 6.1 Jurisdiction. The performance of this work shall be under the jurisdiction of the following agencies,departments,and standards and compliance with the requirements thereof is required: Federal Level: United States law;United States Corps of Engineers;Environmental Protection Agency. State Level: Montana Code Annotated; Montana Department of Environmental Quality; Dept. of Fish, Wildlife & Parks (SPA); Department of State Lands; the Department of Natural Resources and Conservation; the Montana Building Codes Division; Uniform Building Code, (latest edition); Uniform Plumbing Code, (latest edition); Uniform Mechanical Code, (latest edition);Uniform Fire Code(latest edition);National Electric Code,(latest edition). Permits.The Contractor must also comply with the requirements of any permits obtained for the project by the Owner. These permits may include stream permits,wetland permits, floodplain permits, etc. Copies of any of these permits are available upon request from the Engineer. However, the Contractor shall be responsible for obtaining any permits regarding the discharge of any water related to the construction of this project (this includes a Montana Department of Environmental Quality 3A Permit). Local Level: City ordinances and regulations. 6.2 Contractor's Responsibility. The Contractor shall familiarize himself with the requirements of all regulatory agencies pertaining to the performance of the work on the project. The Contractor shall perform all work in accordance with the regulatory requirements. Any conflict between the Contract Documents and the regulatory requirements shall be brought to the immediate attention of the Engineer. 7. SUBMITTALS 7.1 Construction Schedule.The Contractor shall submit to the Engineer for review a schedule of the proposed construction operations. The construction schedule shall indicate the sequence of the Work,the time of starting and completion of each part,and at a minimum one entry for each bid item and trade involved therein. Whenever 10 percent or more of the schedule items are inconsistent with the original schedule, the Contractor shall prepare a revised schedule and narrative plan that indicates corrective action that will bring the progress of the work back to the original schedule completion dates. The revised schedule and narrative shall be submitted to the Engineer for review, approval, or comment before any further pay requests will be received or recommended for payment. The construction schedule shall be acceptable to the Engineer before the Notice to Proceed is issued. 7.2 Schedule of Values. The Contractor shall prepare and submit to the Engineer a schedule of values for each lump sum bid item on the Proposal. Each item shall be subdivided to show the portion of payment assigned to each work location and work item or trade involved. The schedule of values, showing the value of each kind of work at each site, shall be acceptable to the Engineer before any application for payment is prepared. RPA SUPPLEMENTARY CONDITIONS Page 7 of 16 The sum of the items listed in the schedule of values shall equal the lump sum price for the bid item. Items such as bond premium, temporary construction facilities, and office expense may be listed separately in the schedule of values, provided the amounts can be substantiated. Overhead and profit shall not be listed as separate items. An unbalanced schedule of values providing for overpayment of the Contractor on items of work which would be performed first will not be accepted. The schedule of values shall be revised and resubmitted until acceptable to the Engineer. Final acceptance by the Engineer shall indicate only consent to the schedule of values as a basis for preparation of applications for progress payments and shall not constitute an agreement as to the value of each indicated item. 7.3 Schedule of Payments. Within 10 days after the effective date of the Agreement,the Contractor shall furnish to the Engineer a schedule of estimated monthly payments. The schedule shall be revised and resubmitted each time an application for payment varies more than 10 percent from the estimated payment schedule. 7.4 Approval of Subcontractors. Contractor shall submit a list of Subcontractors to be used on the project and it shall be acceptable to the Owner prior to starting work. For each Subcontractor include name, address, phone, type of work, registration number, approximate contract value and a list of projects completed within the last 5 years by the Subcontractor. 7.5 Shop Drawings and Enizineering Data. In addition to the construction schedule, the Contractor shall submit to the Engineer a Shop Drawing Schedule indicating the title and appropriate date that all anticipated shop drawings will be submitted to the Engineer before the Engineer will proceed with the review of any submittals. All submittals, regardless of origin, shall be stamped with the approval of the Contractor indicating his review and identified with the name and number of this Contract, Contractor's name, and references to applicable specification paragraphs and Contract Drawings. Each submittal shall indicate the intended use of the item in the work. When catalog pages are submitted, applicable items shall be clearly identified. The current revision, issue number, and date shall be indicated on all drawings and other descriptive data. Substitutions will be considered through completion of a Substitution Request Form(bound into the Appendix of these documents). All deviations from the Contract Documents shall be identified on each submittal and shall be tabulated in the Contractor's letter of transmittal. Such submittals shall, as pertinent to the deviation, indicate essential details of all changes proposed by the Contractor (including modifications to other facilities that may be a result of the deviation) and all required piping diagrams. The Contractor shall accept full responsibility for the completeness of each submission and, in the case of a resubmission, shall verify that all exceptions previously noted by the Engineer have been taken into account. In the event that more than one resubmission is required because of failure of the Contractor to account for exceptions previously noted, the Contractor shall reimburse the Owner for the charges of the Engineer for review of additional resubmissions. The costs of additional review shall be deducted from the Contractor's progress payments. Any need for resubmission or any other delay in obtaining the Engineer's review of submittals will not entitle the Contractor to extension of the Contract Time unless delay of the work is RPA SUPPLEMENTARY CONDMONS Page 8 of 16 directly caused by a change in the work authorized by a Change Order or by failure of the Engineer to return any submittal within three(3)weeks after its receipt in the Engineer's office. Five (5) copies of each drawing and necessary data or schedule shall be submitted to the Engineer. Improper format or illegible information shall be cause to return submittals without review. The Engineer will not accept submittals from anyone but the Contractor. Submittals shall be consecutively numbered in direct sequence of submittal and without division by subcontracts or trades. Items resubmitted shall bear the number of the first submittal followed by a letter(A, B,etc.) to indicate the sequence of the resubmittal. When the schedules, drawings, and data are returned marked RETURNED FOR CORRECTION, the corrections shall be made as noted thereon and as indicated by the Engineer and corrected copies shall be resubmitted. When corrected copies are resubmitted, the Contractor shall in writing direct specific attention to all revisions and shall list separately any revisions made other than those called for by the Engineer on previous submissions. When the drawings and data are returned marked EXCEPTIONS NOTED, no additional submission is needed provided all exceptions marked are incorporated into the item. No re- submission is required for submittals marked NO EXCEPTIONS NOTED or RECORD COPY. Portions of the work requiring a shop drawing or sample submission shall not begin until the shop drawing or submission has been reviewed and returned with no resubmission needed by the Engineer. A copy of each processed shop drawing and each processed sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. No materials-on-site payments will be approved in applications for partial payment for equipment or materials until shop drawings for same have been reviewed and returned by the Engineer without a requirement for resubmission. 7.6 Record Drawings and Survey Data. The Contractor shall prepare and maintain drawings record- ing the constructed characteristics of all aspects of the work. Record drawings shall be of suffi- cient detail and accuracy to permit ready identification and location of all component parts and hidden or buried facilities. This is especially important in the case of part time construction observation by the Engineer. The record drawings and survey data shall be made available to the Engineer at all times. This includes all field books, notes, and other data developed by the Contractor in performing surveys required as part of the work. Upon completion of the work, a paper copy of all record drawings and survey data shall be transmitted to the Engineer and Owner. 8. WEED CONTROL Prior to mobilizing equipment on the project site,the Contractor shall clean his equipment and vehicles to assure no weeds are imported. The Contractor shall be responsible for weed control for the duration of the contract and until landscaping is established. The Contractor shall submit a weed control plan to the Engineer for approval. All costs associated with weed control shall be incidental to other items of work, and no additional compensation will be allowed. RPA SUPPLEMENTARY CONDITIONS Page 9 of 16 9. REGULAR HOURS AND WEATHER DAYS 9.1 Regular Hours. The regular work week shall consist of five working days, Monday through Friday, with regular working hours of 8:00 a.m. to 5:00 p.m. Written requests to perform any work outside of the regular work week or normal working hours must be delivered to the Owner and Engineer no less than 48 hours prior to the planned start of the work. Contractor may not work other than regular hours without written approval from Owner and Engineer. 9.2 Weather Days. In the event inclement weather or the aftermath of inclement weather prevents the Contractor from performing any compensable work for a minimum of 60% of the Regular day or other work period approved by the Owner, he may request a credit for that day. No credit for inclement weather will be allowed on non-working days. A request for a weather day must be submitted to the Engineer by the end of each calendar day being requested. 9.3 Winter Shutdown. See Special Provisions for requirements. 9.4 Standby Time. No separate payment will be made for standby time, inactive periods beyond Contractor control or inactive periods resulting from requirements of this Contract. Such time will be considered incidental to the required work. Standby time can be expected, but is not limited to waiting for completion of other related contractors work. 10. CONTRACTOR REIMBURSED ENGINEERING COSTS The Contractor shall reimburse the Owner the full cost of engineering services in the event the Engineer incurs unscheduled employment necessitated by the Contractor. Examples of unscheduled employment of the Engineer are the following Contractor actions: 1) Working more than forty (40) hours per week, more than five (5) days per week and Saturdays, Sundays, and holidays. 2) Furnishing materials or equipment not in conformance with Contract Documents necessitating redesign by the Engineer. 3) Working beyond the time of completion established in the Notice to Proceed with Construction. 4) Retests by the Engineer of tests that have failed. 5) Retests by others for tests that require Engineer's presence. 6) Repeated review of submittals and shop drawings that have not been approved. 7) Additional inspection as a result of unacceptable work. 8) Failing to follow design or construction documents. 9) Submitting excessive or unreasonable claims requiring Engineer's review. 10) Failing to properly document pay requests. 11) Failing to provide or adhere to schedules. 12) Other services that are within the Contractor's control to avoid. RPA SUPPLEMENTARY CONDITIONS Page 10 of 16 The Engineering fees to be reimbursed by the Contractor shall be according to the following schedule: 1) Labor: At the Engineer's current billable rates, including overhead, as referred to in the Agreement between the Owner and Engineer,plus 15%profit. 2) Other Consultant: At actual cost plus 10% 3) Mileage: 4X4 @$0.585/mi.;2WD @$0.535/mi. 4) Per Diem: IRS allowable rate 5) Other expenses (including computer and CADD hours) and laboratory testing: Actual Cost+ 10% 6) Field Testing: Engineer's current billable rate for specific equipment utilized Contractor shall make payment of these Engineering services by deduction from the project progress payments or final payment or by invoice to the Contractor. The Engineering contract will be analyzed at the end of the project to determine whether any unscheduled employment of the Engineer, during the schedule contract time, resulted in a cost savings to the Owner. If, as a result of working more than 40 hours per week, five days per week, the Contractor completes the project within the scheduled time, and if the overtime results in a reduced contract time and cost savings to the Owner, no damages will be assessed for the unscheduled employment of the Engineer during the scheduled contract time. Damages will be assessed as stipulated for each day the work remains uncompleted beyond the scheduled contract time. 11. CONSTRUCTION PROGRESS 11.1 The Contractor shall maintain suitable progress on the job at all times. This shall include the presence of full crews with superintendent(s) effectively operating with proper equipment and tools. In the event the Owner is dissatisfied with the progress, performance, or timing of the work, the Owner will give the Contractor written notice in which the Owner will specify in detail the cause of dissatisfaction. Should the Contractor fail or refuse to remedy the matters indicated and fail to submit a detailed schedule indicating how the Contractor shall complete the work in the Contract Time remaining within ten(10) days after the written notice is received by the Contractor, the Owner will have the right to take control of the work and either make good the deficiencies of the Contractor itself or direct the activities of the Contractor as the Owner deems advisable, or the Owner may terminate the Contract. In either event, the Owner will be entitled to collect from the Contractor all expenses in completing the work. 11.2 Should an unforeseen or changed site condition arise on a portion of the work, the Contractor shall immediately notify the Owner in writing. The Owner and Engineer will work with the Contractor to resolve such a condition in a fair and equitable manner as soon as possible. However, the Contractor shall continue work on any or all portions of the work that are not directly affected by the unforeseen or changed site conditions or, when directed by the Engineer, the Contractor shall continue work on the disputed portion of the work in confor- mance with the appropriate section of these General Requirements. No claim for additional Contract Price or Time for standby will be allowed. Failure or refusal of the Contractor to continue such work will be cause for the Owner to take control of the work or terminate the Contract as herein provided and to employ such additional help as the Owner deems advisable RPA SUPPLEMENTARY CONDITIONS Page 11 of 16 to maintain progress. The costs of any such work will be deducted from the Contractor's monthly progress payments. The Contractor shall be subject to liquidated damages for any overrun of the Contract Time resulting from his failure or refusal to continue work as described above. 12. REPAIR AND REPLACEMENT QUALITY 12.1 General. Items requiring repair or replacement due to damage or removal or otherwise necessitated during pursuance of the work and which are not otherwise specified herein,shall be repaired or replaced to the following levels of quality. 12.2 Paved and Graveled Roads, Curb and Gutter,Driveways, and Sidewalks. Repair or replacement shall be to a thickness and grade matching the existing condition. Quality of materials and methods shall comply with respective sections of the City of Bozeman MPWSS Modifications and the current edition of the Montana Public Works Standard Specifications. Any removed or damaged pavement markings shall be replaced to match the existing markings. 12.3 Water and Sewer Mains and Services. Repair or replacement shall be in a manner consistent with the existing condition using materials conforming to the City of Bozeman MPWSS Modifications, Uniform Plumbing Code, the current editions of the Montana Department of Environmental Quality Design Standards, and other requirements of the Montana Department of Environmental Quality. Construction shall also comply with the City of Bozeman MPWSS Modifications and the current edition of the Montana Public Works Standard Specifications. Repair or replacement will not be allowed with materials like the existing installation if they do not conform to the above-referenced standards. 12.4 Electrical Telephone,Cable TV,Natural Gas,and Petroleum Lines.Repair or replacement shall be to the standards required by the utility owner and at the utility owner's option may be performed by the utility owner with the full cost assessed to the Contractor. 12.5 Lawn Restoration, Fertilizing, and Seeding. All areas disturbed by the Contractor's operations such as, but not limited to, haul roads, loading operations and disposal operations shall be restored by grading to the original contours, sodding, and/or fertilizing and seeding. This will include repair or replacement of all disturbed vegetation to pre-construction standards as required by the Owner and landowner. The seed mixture and fertilizer to be used will be submitted to the Engineer prior to application on the prepared seed bed. The Contractor shall include the cost of this work in the price bid for other items of work, and no separate compensation will be allowed. 12.6 Fences. All fences adjacent to any work site are to be maintained to the satisfaction of the abutting property owners.The Contractor shall notify the landowners of the need to temporarily remove or relocate fences for access to the work and shall coordinate such activities with the respective landowners in regards to removal, relocation, and restoration of fences prior to commencing work. Any fence removed or destroyed during the Contract shall be reinstalled or reconstructed in like kind at no cost to the Owner or the landowner. The cost for this work is incidental and no additional compensation will be allowed. 12.7 Other Items. Repair or replacement of other items not covered by the preceding shall be to the standards required by the owner of the item and at the owner's option may be performed by the owner of the item with the full cost assessed to the Contractor. RPA SUPPLEMENTARY CONDITIONS Page 12 of 16 12.8 Decisions Regarding Repair Versus Replacement. The decision of repair versus replacement of an affected item shall be at the discretion of the Engineer upon consultation with the owner of the item. The decision shall be based on a determination of whether repaired quality can equal the quality of a replacement installation.The Engineer's authority shall be final in this regard. 12.9 Limits of Repair or Replacement. The limits of areas to be repaired or replaced shall be determined by the Engineer in the field based on the extent of damage or removal sustained. The determination shall be based on insuring that all damaged or removed portions of the existing installation are fully restored. The authority of the Engineer in this regard shall be final. All work effects outside limits as described in these Contract Documents are subject to repair and replacement quality as described herein. 12.10 Repair by Party Owning or Maintaining Item. The party owning or maintaining the item under consideration shall have the exclusive right to undertake repair or replacement themselves and charge the Contractor for full costs incurred or to direct and supervise the Contractor to repair or replace the item to their standard of quality. The authority of the owner of the item shall be final in this regard. 13. REJECTED WORK Any defective work or nonconforming materials or equipment that may be discovered at any time prior to the expiration of the warranty period, shall be removed and replaced by work which shall conform to the provisions of the Contract Documents. Any material condemned or rejected shall be removed at once from the project site. Failure on the part of the Engineer to condemn or reject bad or inferior work or to note nonconforming materials or equipment on Contractors submittals shall not be construed to imply acceptance of such work. The Owner shall reserve and retain all its rights and remedies at law against the Contractor and its Surety for correction of any and all latent defects discovered after the guarantee period. The Engineer will have the authority to reject work which does not conform to the Contract Documents and will provide the Owner with a list of defective work and nonconforming materials or equipment. The Owner will then promptly provide the Contractor with the list of defective work and nonconforming materials or equipment. 14. PROJECT CLOSE-OUT 14.1 Once the Contractor has completed construction, a substantial completion inspection is held to assess any remaining or corrective work and permit close-out of the Contract. The following conditions must be met before the substantial completion inspection is scheduled: • Work must be substantially complete and fit for its intended purpose. • Contractor must file a Contractor's Certificate of Completion (form found under Miscellaneous Forms in Appendix A) requesting a substantial completion inspection by the Owner and Engineer. 14.2 Following the inspection, the Engineer prepares and signs a Certificate of Substantial Comple- tion and attaches a list of any remaining or corrective work needed based on the inspection. The Certificate is sent to the Contractor, who must complete the listed work. After the Engineer verifies its completion, the construction is considered fully complete. The Owner may also wish to field-verify proper completion. RPA SUPPLEMENTARY CONDITIONS Page 13 of 16 14.3 Prior to final payment including release of retainage, the Contractor must furnish these items to the Engineer: • Completed Affidavit on Behalf of Contractor(lien release)using the form provided in the Contract Documents under Miscellaneous Forms. • Executed copies of any pending Change Orders or claims. • The final Change Order shall reconcile bid quantities to reflect actual quantities for projects containing unit price items. • Completed,revised and annotated record drawings and survey notes. • Additional Copies of O&M manuals and warranties as specified. • Final Payment Request for balance of Contract Price due. • Completed Consent of Surety Company to Final Payment using the form provided in the Contract Documents under Miscellaneous Forms. • Certification of Payment of Prevailing Wage Rates as/if required by agencies providing funding for the project. Upon receipt and approval of these items, the Engineer will recommend final payment. The retainage will be released with the final payment. 15. GENERAL EQUIPMENT STIPULATIONS 15.1 General. All equipment furnished and installed under this contract shall conform to the general stipulations set forth in this section except as otherwise specified in other sections. 15.2 Coordination. Contractor shall coordinate all details of the equipment with other related parts of the Work, including verification that all structures, piping, wiring, and equipment components are compatible. Contractor shall be responsible for all structural and other alterations in the Work required to accommodate equipment differing in dimensions or other characteristics from that shown in the Contract Drawings or Specifications. 15.3 Manufacturer's Experience. Unless specifically named in the Specifications, a manufacturer shall furnish equipment of the type and size specified which has been in successful operation for not less than the past five years. 15.4 Workmanship and Materials. A. Supplier shall guarantee all equipment against faulty or inadequate design, improper assembly or erection, defective workmanship or materials, and leakage,breakage or other failure. Materials shall be suitable for service conditions. B. All equipment shall be designed, fabricated, and assembled in accordance with recognized and acceptable Engineering and shop practice. Individual parts shall be manufactured to standard sizes and gauges so that repair parts, furnished at any time, can be installed in the field. Like parts of duplicate units shall be interchangeable. Equipment shall not have been in service at any time prior to delivery, except as required by tests. RPA SUPPLEMENTARY CONDITIONS Page 14 of 16 C. Except where otherwise specified, structural and miscellaneous fabricated steel used in equipment shall conform to AISC standards. All structural members shall be designed for shock or vibratory loads. Unless otherwise specified, all steel which will be submerged, all or in part, during normal operation of the equipment shall be at least 1/4- inch thick. 15.5 Value Engineering. Manufacturer may submit for review and approval proposed modifications to the design, materials or arrangements specified. Request shall clearly state the advantages, cost savings or other reasons for the proposed change. Acceptance of any proposed changes will be the sole discretion of the Engineer as proscribed under the "or equal" and "substitute item" clauses of the General Conditions. 15.6 Seismic Loading Design Provisions. Machinery, equipment, and components such as tanks, piping, and electrical panels, including their supports and anchorages, designed by manufacturers or suppliers, shall be designed in accordance with the provisions of the latest edition of the Uniform Building Code to withstand seismic loads for the Seismic Zone appropriate for the project location in addition to other loads. Design shall be performed by a licensed Montana Professional Engineer familiar with seismic design. Submittals shall be certified, by the Design Engineer, that equipment designs conform to all applicable Uniform Building Code requirements including provisions to withstand seismic loads. .15.7 Single Source. Like items of equipment shall be the end product of one manufacturer in order to achieve standardization. 15.8 Manufacturer's Representative. A. Where specified, manufacturer shall provide a Manufacturer's Representative as required to assist in the installation, adjustment, startup,certification and operational training. B. Manufacturer's Representative shall be an employee of manufacturer who is factory trained and knowledgeable in the technical aspects of the products and systems. C. If the provided Manufacturer's Representative is found deficient in training or experience by the Owner or Engineer, the manufacturer shall furnish another acceptable representative. 15.9 Certification of Compliance. A. Where specified, furnish certification of compliance for products specified to a recognized standard or code prior to the use of such products in the work. 1) Engineer may permit use of certain materials or assemblies prior to sampling and testing if accompanied by a certification of compliance. 2) Certifications shall be signed by the manufacturer of the product; state that the components involved comply in all respects with the requirements of the Specifications. 3) Furnish certification of compliance with each lot delivered to the job site and clearly identify the lot so certified. RPA SUPPLEMENTARY CONDITIONS Page 15of16 B. Products used based on a certification of compliance may be sampled and tested at any time. The fact that a product is used based on a certification of compliance shall not relieve Contractor of responsibility for incorporating products in the work which conforms to requirements of the Contract Documents. Products not conforming to such requirements will be subject to rejection whether in place or not. C. Engineer reserves the right to refuse permission for use of products based on a certification of compliance. 15.10 Manufacturer's Certification of Proper Installation. Where manufacturer's certification is required in the Specifications, the manufacturer shall provide certification stating the following: A. The product or system has been installed in accordance with the manufacturer's recommendations. B. The product or system has been inspected by a manufacturer's authorized representative. C. Applicable safety equipment has been properly installed. D. Proper electrical and mechanical connections have been made. E. Proper adjustments have been made and the product or system is ready for functional testing, startup, and operation. 15.11 Functional Test Certification. Where a certification of functional testing is specified for certain equipment, Contractor(as applicable to the equipment furnished) shall state in writing that: A. Necessary hydraulic structures,pumps,valves,etc.have been successfully tested. B. Necessary equipment systems and subsystems have been checked for proper installation, started, and successfully tested to indicate they are operational. C. Adjustments and calibrations have been made. D. The systems and subsystems are capable of performing their intended functions. E. The facilities are ready for performance testing, or for startup and intended operation, as applicable. 16. BLASTING Blasting or the use of explosives will not be allowed on the jobsite. RPA SUPPLEMENTARY CONDITIONS Page 16 of 16 SPECIAL PROVISIONS SPECIAL PROVISIONS CONTENTS 1. PROJECT DESCRIPTION.....................................................................................................3 2. GENERAL............................................................................................................................... 3 3. AWARD OF CONTRACT......................................................................................................3 4. PROJECT RELATED CONTACTS.......................................................................................3 5. CONTRACT TIME AND LIQUIDATED DAMAGES.........................................................3 6. COST LIMTATIONS..............................................................................................................4 7. NAMES,PRODUCTS AND SUBSTITUTIONS...................................................................4 8. APPROVAL OF EQUIPMENT AND MATERIAL...............................................................4 i9. BIDDERS QUALIFICATIONS..............................................................................................4 10. WARRANTY ......................................................................................................................4 11. SCHEDULING.................................................................................................................... 5 12. PRECONSTRUCTION CONFERENCE............................................................................ 5 i13. UTILITIES........................................................................................................................... 5 14. CONTRACT PERFORMANCE.......................................................................................... 8 15. RIGHT- OF-WAY AND ADJACENT PROJECTS......................................................... 8 16. TRAFFIC CONTROL i 17. EROSION CONTROL AND PERMITS........................................................................... 12 18. FEDERAL CLEAN WATER ACT-NATIONWIDE PERMIT...................................... 13 19. STREAM PROTECTION ACT- 124 PERMIT ............................................................... 13 20. PROTECTION OF EXISTING PAVEMENT.................................................................. 13 21. OPERATION OF WATER VALVES............................................................................... 14 22. SALVAGABLE ITEMS.................................................................................................... 14 23. ACCESS TO RECORDS................................................................................................... 14 24. CERTIFICATES OF INSURANCE.................................................................................. 14 ( 25. ADDITIONAL INSUREDS.............................................................................................. 14 26. SAFETY STANDARDS ................................................................................................... 15 27. PAYMENTS TO CONTRACTOR.................................................................................... 15 28. GENERAL CONSTRUCTION REQUIREMENTS 29. ENGINEERING INTERPRETATIONS ............................................. 17 30. CONTINUING PERFORMANCE.................................................................................... 17 31. MATERIALS AND CONTROL TESTING...................................................................... 17 32. CONTRACTOR SURVEY................................................................................................ 19 33. SITE ACCESS...................................................................................................................21 34. CONSTRUCTION FACILITIES ......................................................................................21 35. CONSTRUCTION WATER AND DISPOSAL................................................................ 22 j 36. GROUNDWATER,DEWATERING AND BYPASS PUMPING....................................22 37. SMOKE AND DUST CONTROL.....................................................................................22 e38. SUPERINTENDENT ........................................................................................................23 39. SANITARY FACILITIES.................................................................................................23 40. USE OF COMPLETED PORTIONS 41. RECORD DRAWINGS.....................................................................................................23 42. OSHA REGULATIONS....................................................................................................24 43. SHORING................................................................. 44. CONTAMINATED MATERIALS ...................................................................................24 SPECIAL PROVISIONS Page 1 of 67 i I i 45. CLEANUP......................................................................................................................... 24 46, TEMPORARY PEDESTRIAN ACCESSIBILITY........................................................... 25 47. PROTECT EXISTING TREES......................................................................................... 25 48. SPRINKLER SYSTEMS................................................................................................... 25 49. TOPSOIL........................................................................................................................... 26 50. UNSTABLE AREAS......................................................................................................... 26 51. STREET EXCAVATION (ABOVE SUBGRADE).......................................................... 26 52, SECTION LINE DITCH................................................................................................... 27 53. WATERTIGHT RCPA JOINTS........................................................................................ 27 54. CORRUGATED METAL PIPE ARCH EXTENSION..................................................... 28 55. REMOVE STANDPIPE....................................................................................................28 56. REINFORCED PORTLAND CEMENT CONCRETE PAVEMENT.............................. 28 57. ELECTRICAL................................................................................................................... 29 58. UNITED STATES POSTAL SERVICE PARCEL WORK.............................................. 38 59. FLEXIBLE DELINEATORS............................................................................................ 38 60. OVERHEAD SIGN MOUNTING..................................................................................... 38 61. REMOVE AND RESET DECORATIVE U.S.P.S. SIGN ................................................ 38 62. SEEDING, FERTILIZER AND COMPOST..................................................................... 39 63. MAILBOXES ....................................................................................................................40 64. TEMPORARY PAVEMENT MARKINGS...................................................................... 40 65. RIPRAP.............................................................................................................................. 41 66. TRENCH DRAIN AND SUMP INLET............................................................................ 41 67. SOILS INFORMATION ...................................................................................................41 68. TRENCH BACKFILL....................................................................................................... 41 69. GARBAGE COLLECTION.............................................................................................. 42 70. WORK ITEMS AT THE JEHOVAH'S WITNESS CHURCH PARCEL........................42 71. MEASUREMENT AND PAYMENT............................................................................... 42 1. PROJECT DESCRIPTION This project will reconstruct Baxter Lane from west of Davis Lane to west of North 19a'Avenue. The work on Baxter and Davis Lanes includes street excavation, asphalt pavement, chip seal, curb and gutter, sidewalk, storm drain, culvert extensions, water main, utility relocation and adjustments, signing, pavement markings, topsoil, and seeding. Electrical work includes a new signal at the Baxter and Davis intersection and new street lighting along Baxter and Davis Lanes. 2. GENERAL All work shall be performed in accordance with applicable sections of the latest edition of the Montana Public Works Standard Specifications, including all addenda, which by this reference are hereby included as part of this specification as modified herein by the City of Bozeman. i All correspondence and official authorization concerning the work shall be with the Owner's designated representatives as identified at the preconstruction meeting. Any changes in the work i or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractor's risk at no cost to the Owner. All damages, reparations, and costs incurred during the progress of unauthorized work shall be the responsibility of the Contractor. 3. AWARD OF CONTRACT The award of the contract, if awarded, will be made within the period specified in the Invitation to Bid to the lowest responsible Bidder whose bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the address shown on the bid, that their bid has been accepted and that they have been awarded a contract. The bid schedules may be awarded as a single total combined contract, may be awarded singly as separate contracts, or any combination of schedules which result in the lowest project cost to the Owner. 4. PROJECT RELATED CONTACTS Wherever in these Documents the word "Owner" appears,it shall mean the City of Bozeman. Owner: City of Bozeman,Montana 20 East Olive Street,P.O.Box 1230 Bozeman,Montana 59771 Contact Person: Robert Murray,Jr.,P.E.,Project Manager Telephone: (406) 582-2280 Wherever in these Documents the word "Engineer" appears, it shall mean Robert Peccia & 4 Associates. This firm has been duly authorized by the Owner as the Engineer for the engineering i design, submittal review, and construction observation. Engineer: Robert Peccia &Associates 3810 Valley Commons Drive,Suite 4 Bozeman,Montana 59718 Contact Person: Staci Venner,P.E., Project Manager Telephone: (406)284-2665 5. CONTRACT TIME AND LIQUIDATED DAMAGES 5.1 General. The beginning of the contract time shall be stated in a written Notice To Proceed written by the Owner to the Contractor. In establishing the date when the contract time begins, the Engineer will consider that the contract time begins immediately following delivery SPECIAL PROVISIONS Page 3 of 67 of the Notice To Proceed. The contract time will expire automatically by the number of calendar days stated as contract time, except as the contract time may be extended by a change order. A Notice to Proceed may be given at any time within thirty(30) days after the Effective Date of the Agreement. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid Opening or the thirteenth day after the Effective Date of the Agreement, whichever date is earlier. 5.2 Contract Time: Contract time for the entire project is 170 Calendar Days. 5.3 Liquidated Damages: Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Contractor to complete the work within the specified contract time. Work will be considered complete once substantial completion has been accomplished and all subsequent punch list items have been satisfactorily completed. 5.3.1 The Bidder further agrees to pay liquidated damages for failure to complete the work within the specified contract time and for expenses incurred by the Owner for unscheduled employment of the Engineer during the contract time overrun. 5.3.2 As compensation for non-use, the Contractor shall be assessed a liquidated damage of$500.00 per calendar day for each day that the work remains uncompleted beyond the contract period for that particular Schedule. As compensation for expenses incurred for unscheduled employment of the Engineer,the Contractor shall be assessed an additional liquidated damage as outlined in the Supplementary Conditions. 6. COST LIMTATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the project following the bid opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner. 7. NAMES,PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer, trade name, or brand, such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitutions shall include complete specifications and descriptive data to prove the equality of the proposed substitutions. Substitutions shall not be made without the written approval of the Owner. No substitutions will be considered until after contract award. 8. APPROVAL OF EQUIPMENT AND MATERIAL The Contractor shall furnish to the Owner or its Engineer for approval the name of the manufacturer of machinery, mechanical and other equipment and materials which they contemplate using in execution of the work, together with the performance capacities and such other information which may be pertinent or required by the Owner. 9. BIDDERS QUALIFICATIONS The Contractor shall show evidence that they have the finances, organization, and equipment to perform the work with a limited number of subcontractors. 10.WARRANTY If, within two years after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the SPECIAL PROVISIONS Page 4 of 67 Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time, the owner may correct the work at the expense of the Contractor. 11. SCHEDULING Prior to the Preconstruction Conference, the Contractor shall provide the Owner and Engineer the following schedules: 11.1 A practicable Construction Progress Schedule showing the order, timing, and progress in which the Contractor proposes to prosecute the work. This schedule ' shall be in bar graph, CPM, or PERT format. The schedule shall be updated and resubmitted as necessary to reflect project changes. 11.2 A Payment Schedule showing the anticipated amount of each monthly payment that is due in accordance with the Construction Progress Schedule. 12.PRECONSTRUCTION CONFERENCE After the Contract has been awarded, but before the start of construction, a preconstruction conference will be held at the site of the project for the purpose of discussing requirements on such matters as project supervision, on-site inspection, progress schedules and reports, payrolls, payment to contractors, contract change orders,insurance, safety, and other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel and a representative from each of the effected utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and any problems anticipated. Unless previously submitted, the Contractor shall bring the following submittals to the conference: list of proposed Subcontractors; schedule for submitting shop drawings and other submittals; scheduled procurement dates; construction submittal forms; and tentative schedule of values. Work shall not start prior to the Engineer's receipt of these submittals. 13.UTILITIES The Contractor shall be responsible for checking with the Owners of the underground utilities such as the City, County, power and telephone companies, etc., as to the location of their underground installations within the project. The Contractor will be solely responsible for any damage done to these installations due to failure to locate them or properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. A Montana One-Call system (1-800-424-5555) has been established to facilitate requests for underground facility location information. The Contractor is cautioned that all utilities may not be on this system. The City of Bozeman will locate City water lines, sanitary sewer lines, storm drain lines, and street lighting. 13.1 Notification. The Contractor shall contact, in writing, all public and private utility companies that may have utilities that may be encountered during excavation. The notification shall include the following information: 13.1.1 The nature of the work that the Contractor will be performing. SPECIAL PROVISIONS Page 5 of 67 13.1.2 The time, date and location that the Contractor will be performing work that may conflict with the utility. 13.1.3 The nature of work that the utility will be required to perform such as moving a power pole, supporting a pole or underground cable, etc. 13.1.4 Requests for field location and identification of utilities. A copy of the letter of notification shall be provided to the Engineer. During construction, the Contractor shall keep the utility companies notified of any change in schedule or nature of work that differs from the original notification. 13.2 Identification. All utilities that may conflict with the work shall be the Contractor's responsibility to locate before any excavation is performed. Field markings provided by the utilities shall be preserved by the Contractor until actual excavation commences. All utility locations on the Drawings should be considered approximate and should be verified in the field by the Contractor. The Contractor shall also be responsible for locating all utilities that are not located on the Drawings. 13.3 Removal or Relocation of Utilities. This section applies to electric power, gas, telephone, fiber, and television utilities. Whenever there is a direct conflict between the work being performed and the utility, the utility company shall be responsible to adjust, remove, or relocate the utility, at the expense of the utility company. The Contractor shall coordinate all necessary utility relocation work with the appropriate utility company at no additional cost to the City of Bozeman. 13.4 Public Utilities. Water, sewer, storm drainage, street lighting and other utilities owned and operated by the public entities shall, unless otherwise specifically requested by the utility owner, be removed, relocated, supported or adjusted as required in accordance with these Contract Documents, or the Owner's Standard Specifications when the work involved is not covered by these Specifications. 13.5 Other Utilities. Utilities owned and operated by private individuals, railroads, school districts, associations, or other entities not covered in these Special Provisions shall, unless otherwise specifically requested by the utility owner, be removed, relocated, supported or adjusted by the utility company at the utility company's expense. All work shall be in accordance with the utility owner's directions, or by methods recognized as being the standard of the industry when directions are not given by the owner of the utility. 13.6 Damage to Utilities and Private Property. The Contractor shall protect all utilities and private property and shall be solely responsible for any damage resulting from his construction activities. The Contractor shall hold the Owner and Engineer harmless from all actions resulting from his failure to properly protect utilities and private property. All damage to utilities shall be repaired at the Contractor's expense to the full satisfaction of the owner of the damaged utility or property. The Contractor shall provide the Owner with a letter from the owner of the damaged utility or property stating that it has been repaired to the utility owner's full satisfaction. 13.7 Water Mains and Services. All water mains and services exposed during construction shall be adequately supported and protected from freezing at all times. Sections of water mains shall not be valved off without first giving the Owner sufficient notification and receiving authorization from the Engineer. Water valve operation is restricted to be by City of Bozeman personnel only. Contact the Bozeman water department at 582-3200 to schedule. Water mains and services to businesses shall not be shut off at any time. Water mains and services to private residences shall not be shut off for more than 3 hours, unless otherwise SPECIAL PROVISIONS Page 6 of 67 permitted in writing by the Owner. All affected water service customers shall be notified by the Contractor in advance of any interruption of service. Whenever a water main or service is damaged as a result of the Contractor's operations, the Contractor shall take immediate steps to repair the damage and disinfect all water mains and services contaminated as a result of the damage. 13.8 Maintenance of Flows. Adequate provisions shall be made for maintaining the flow of sewers, drains, and water courses encountered during construction. Culverts, ditches, and structures which are disturbed by this construction shall be satisfactorily restored to their original i condition upon completion of the work. 13.9 Structures. The Contractor shall prevent damage to existing buildings or structures in the vicinity of the work. Contractor is responsible for determining whether work will potentially affect existing buildings or structures. In the event of such damages, the Contractor shall repair them to the satisfaction of the owner of the damaged structure at no cost to the Owner. 13.10 Overhead Utilities. The Contractor shall use extreme caution to avoid a conflict to, contact with, or damage to overhead utilities, such as power lines, street lights, telephone lines, television lines,poles, or other appurtenances during construction of this project. i 13.11 Buried Gas and Petroleum Lines. The Contractor shall provide some means of overhead support for buried gas and petroleum lines exposed during trenching to prevent rupture in case of trench caving. 13.12 Pavement Removal. Where trench excavation or structure excavation requires the removal of curb and gutter, concrete sidewalks, or asphalt or concrete pavement,the pavement or concrete shall be cut in a straight line parallel to the edge of the excavation by use of a spade- bitted air hammer, concrete saw, colter wheel, or similar approved equipment to obtain a straight, square clean break. 13.13 Survey Markers and Monuments. The Contractor shall protect and not disturb any survey marker or monuments, such as those that might be located at lot or block corners, property pins, or the intersection of street monuments. Such protection shall include markings with flagged high lath and close supervision. No monuments shall be disturbed without prior approval of the Engineer. Any survey marker or monument that is disturbed by the Contractor during the construction of the project shall be replaced at no cost to the Owner by a licensed Professional Land Surveyor licensed in the state of Montana per MCA 70-22-115. 13.14 General. The Drawings show utility locations based on One-Call locates and information provided to the Engineer by others. The Engineer cannot guarantee their accuracy. The Contractor shall immediately notify the Engineer of any discrepancies with utility locations as shown on the Drawings and/or the bury depths that may in any way affect the intent of construction as scoped in these Contract Documents. 13.15 Current Status. Utility relocation work is underway, but not yet complete, and will not be complete as of the contract award date. Some utilities have been relocated during the spring of 2018. The Contractor must coordinate project work with utility company relocation activities until the utility relocation work is complete. Under no circumstances will a delay in relocating utility facilities be considered as justification for additional compensation. Should unforeseen circumstances arise which substantially delay the utility relocation work, and the delay results directly in a delay to the project work, the Contractor may submit a written request to the Owner for a time extension. SPECIAL PROVISIONS Page 7 of 67 Utility companies will have to adjust their facilities at conflicts with the roadway sections, new storm drain, culverts, and ditches. Other adjustments include pedestals and vaults. Charter and Centurylink will relocate along the entire length of the project. Northwestern Energy will be relocating power poles at Thomas Drive and gas lines at various locations. Coordinate with utility companies to determine conflicts and sequencing. For utilities to remain in place, the Contractor shall locate, support, and maintain the facilities during excavations, storm drain or other facility installation, and backfill operations. See the provision for Work Items at the Jehovah's Witness Church Parcel for utility relocation information and right-of-way acquisition along the parcel. 13.16 Utility Contacts. • Centurylink: Jana Jones 406-441-7500, Thomas Mellor 406-585-1909 • Charter: Jared Phillips 406-570-0935, Rob 406-539-4254 • Northwestern Energy Gas: Cammy Dooley 406-539-2359 • Northwestern Energy Power: Matt Micklewright 406-582-4671 • Montana Opticom: John Fitzwilliam 406-600-8657, JD Ellington 406-570-9236 • Zayo: Kip Wright 208-994-8346,Adam Moon adam.moon@zayo.com 13.17 Gas Line Requirements. Notify Northwestern Energy for all work within ten feet of the existing gas lines. Portions of the existing gas line (within the Baxter Lane pavement) will be relocated during project roadway excavation. For all work within one foot of any gas line, do not use any vibratory equipment. Obtain approval from Northwestern for all equipment and methods for any work within one-foot of gas lines. 13.18 Power Pole Requirements: Notify and coordinate with Northwestern Energy prior to placing fill at the base of existing power poles. Adjust grading as necessary for Northwestern Energy requirements and adjust construction sequencing and work for the power pole work. The power poles at Thomas Drive and Baxter Lane will be relocated by Northwestern Energy in the summer of 2018. Coordinate with Northwestern Energy for all work at the intersection. The Contractor shall accommodate the Northwestern crews working along Baxter Lane and adjust project scheduling and construction sequencing for the Northwestern Energy work zone. 13.19 Payment. All costs associated with items of work under this special provision are incidental and to be absorbed in other project costs with no additional payment from the Owner. 14. CONTRACT PERFORMANCE Perform at least 40% of the original contract cost with the Contractor's organization. Where an entire item is subcontracted, the percentage of the work subcontracted is based on the original contract item unit price. When a portion of an item is subcontracted, the percentage of the work subcontracted will be based on either the subcontract item unit price or on an estimated percentage of the contract unit price. An item will not be considered partially subcontracted unless the prime contractor performs a portion of the work(equipment, materials or labor). If the same item is subcontracted at multiple levels, the cost is only accounted for at the first level. 15.RIGHT- OF-WAY AND ADJACENT PROJECTS Coordinate all work and traffic control phasing of this Contract with adjacent public and private construction projects. Coordinate with the Contractor (Sime Construction, Knox Pilati 406-580- SPECIAL PROVISIONS Page 8 of 67 1114, Theron Pavlik 406-600-8084) on the City of Bozeman Baxter Lane project from North 19th Avenue to North 7th Avenue; detour routes and work zones will overlap with this Contract. The two projects will connect sidewalk and pavement markings at the North 19th Avenue/Baxter Lane intersection. The Contractor shall contain all construction operations within the construction permits, easements, and right — of— way areas as shown on the Drawings, unless written approval is secured from the landowner of the private property. Adjacent private developments may require adjustments to driveway locations, road connections, utility stubs, sidewalks, grading, and other items of the Contract. The Contractor shall coordinate with adjoining developments regarding connections, work zones, and traffic control. 16. TRAFFIC CONTROL 16.1 General. The Contractor shall schedule construction operations in a manner which will assure that: 1) the safety and convenience of motorists and pedestrians, and the safety of construction workers, are adequately met at all times; and 2) the project is completed in a manner most beneficial to the project as a whole. All traffic control, signing, and striping shall conform to and be provided in full compliance with the standards of the Manual of Uniform Traffic Control Devices (MUTCD). All signing, barricades, and other traffic control measures shall be provided by the Contractor. Items shall include signing, flag-persons, barricades, temporary signals, temporary pavement markings, night time lighting, and hazard markers. At the conclusion of daily construction activities, the Contractor shall ensure that proper traffic control measures remain in effect overnight and through the weekend. Protect all open excavations and hazards at all times. The Contractor shall maintain, at a minimum, 12-foot wide minimum width"ONE LANE, TWO WAY TRAVEL" through the work area on Baxter and Davis Lanes using approved traffic control based on the City of Bozeman Modifications to MPWSS and the MUTCD. The Contractor shall provide 24-foot wide minimum width "TWO LANE, TWO WAY TRAVEL" through the work area at night or when construction activities have ceased. The Contractor may close street sections within the project with the approval of the Owner and Engineer. Access to businesses, residences, schools, and for emergency vehicles shall be provided at all times, as detailed in the approved Traffic Control Plan. The Contractor shall coordinate all work, detour routes, and traffic control phasing of this Contract with those for the City of Bozeman Baxter Lane project from North 19th Avenue to North 7th Avenue. Coordinate with the Engineer and Sime Construction (Knox Pilati 406-580- 1114, Theron Pavlik 406-600-8084). Detour routes and work zones may overlap between the two projects. 16.2 Traffic Control Plan. Prior to any construction, the Contractor shall prepare and submit detailed traffic control plans, subject to approval by the Owner and Engineer. No work may commence until all approvals of the traffic plans have been secured. Prepare and submit additional Traffic Control Plans to the Engineer for approval for all major changes in sequencing. Address contingencies in the submitted plan. Limit inconvenience to the traveling public as much as practicable and account for the safety of both the traveling public and project personnel. The plan shall include, at a minimum, the following: • Calendar time periods of proposed traffic interruptions and control; SPECIAL PROVISIONS Page 9 of 67 • Locations, spacings, and specifications for signs, markers, barricades, barrier rail, attenuators, temporary pavement markings, and traffic control devices including references to MUTCD; • Locations for flag-persons, along with anticipated dates and hours of use; • Routing and signing of detours; • Temporary signal layout and specifications as necessary; • Night time lighting locations and specifications as necessary; • Detour routes for adjacent projects; • Temporary shoulder widening. 16.3 Temporary Barrier. The Contractor shall furnish, install, maintain, relocate, and remove temporary concrete barrier rail and temporary attenuators to protect traffic when construction activities expose horizontal and vertical hazards, obstacles, fixed objects, or blunt ends located within the construction clear zone. The construction clear zone is six feet wide measured from the edge of traveled way. Barrier flare rates shall be 9:1 or flatter. Furnish concrete barrier rail compliant with the National Cooperative Highway Research Program Test Report 350 (NCHRP 350) requirements, and submit documentation of compliance to the Engineer seven calendar days prior to installation. Terminate all ends of the concrete barrier rail with temporary impact attenuators when ends are located inside the construction clear zone. Furnish attenuators, including transition sections that meet NCHRP 350 or MASH crash test requirements and provide proof of compliance to the Engineer seven calendar days prior to installation. The attenuator must be installed at the same time as the obstacle. Maintain at least one complete set of repair parts on the project at all times to repair or replace attenuators, which may be damaged during construction. Attach the attenuator to the barrier rail using the manufacturer's approved transition section. Follow manufacturer's instructions and guidance during installation. Furnish and install all transitions and mounting hardware. Repair or replace damaged attenuators within 12 hours. 16.4 Notifications. The Contractor shall coordinate with and notify adjacent land owners, tenants, Police Department, Fire Department, ambulance service, First Student bus company, Streamline bus service, garbage and recycling services (City and private), Postal Service for mail delivery and parking lot improvements, Engineer, and City of Bozeman Public Works Department at least 24 hours in advance regarding changes in traffic routing, sequencing, detours,periods of delay, areas of limited access, incidents, and closures. The Owner shall be responsible for updating City of Bozeman social media sites and providing local news outlet sites with the information throughout the project. 16.5 Access. 16.5.1 Driveways. The Contractor shall not close any driveways during construction. Provide 48-hour advanced notice to the Owner, Engineer, tenant, and landowner for any work at the driveways. The Contractor shall maintain at least one driveway to each parcel during construction. Maintain a minimum driveway width of 12-feet. Provide temporary culverts or an alternate approach for each impacted parcel as necessary. Provide access for mail delivery, commercial deliveries, and garbage service for each parcel. 16.5.2 Post Office Driveways. Provide a minimum 12-foot wide one-way access route at all times through the Post Office parking lot via the two existing driveways. Coordinate all schedules, construction activities, and inspections at the U.S.P.S. parcel with the Postmaster Joel Bachofer at 406-586-1508 and with the U.S.P.S. Engineer Jeff Nowling SPECIAL PROVISIONS Page 10 of 67 at 214-502-3543. The two existing driveways require removal and replacement of existing P.C.C.P. Coordinate phasing and sequencing according to the P.C.C.P. joint requirements as described in the Reinforced Portland Cement Concrete Pavement provision and as shown on the Drawings. 16.5.3 Bus Stops. Maintain access to existing Streamline bus stops at all times during construction. Coordinate construction work along bus routes 48 hours in advance with the Streamline representative,Dan Martin of Karst Stages at 406-556-3522. 16.5.4 Pedestrian Access. Maintain access along existing pedestrian facilities and crossings at all times during construction. Adhere to the Temporary Pedestrian Accessibility provision. 16.5.5 On Street Parking. On-street parking exists along Baxter Lane near the 191 Avenue intersection and will be permanently removed as part of the project pavement marking. 16.6 Sequencing. Culverts and storm drainage may be installed prior to grading operations. Sequence drain installations and removal, and drainage ditch construction so as to drain existing water, to restrict water from entering the construction area, and to promote positive drainage throughout construction. During the placement or removal of all culverts and drains, maintain irrigation (during the irrigating season) and drainage flow. If a temporary drain or culvert is necessary, provide a culvert designed to handle Q10 flows and of adequate structural strength. Remove the temporary drains.when construction is complete. All items of culvert installation including temporary channel changes, construction phasing, detours, embankment widening and temporary drains necessary for the placement and/or removal of culverts and drains is the Contractor's responsibility. Unless otherwise specified, all work required for the installation of the drainage items, irrigation, culverts and the perpetuation of water flow including irrigation ditch changes, temporary pipe installations, and construction, maintenance and removal of detours, temporary embankment widening and removal, and temporary culvert extensions, and all other incidentals are to be included in the cost of other items, with no additional compensation. When the present traveled way is temporarily disturbed prior to grading operations to install drainage features, replace upper elevations of cuts and trenches with base course and compact to at least original thicknesses. Repair and maintain street sections opened for drainage construction with a minimum of 0.20-foot thickness of bituminous surfacing to provide a smooth riding surface. Costs of replacing surfacing and maintaining temporary patches are included in the cost of drain bid items,with no additional compensation. Provide detours or temporary shoulder widening as necessary to meet minimum traffic lane widths when removing or installing culverts at no additional cost to the Owner. Design detours and tapers to meet standards for a 25 mph construction zone design speed and supply the detour designs to the Owner and Engineer for approval at least 10 working days before commencing with the construction of the detour or widening. Provide traffic gravel and apply aggregate treatment to all detours.The Owner will not incur any costs for detours. 16.7 Barricades and Warning Lights. All streets, roads, highways, and other public thoroughfares which are closed to traffic shall be protected by means of barricades on which shall be placed, mounted, or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. SPECIAL PROVISIONS Page 11 of 67 All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs, and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over, and obstructions, including but not limited to material stockpiles and equipment, shall be protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be illuminated from sundown to sunrise. 16.8 Winter Shutdown. Obtain approval from the Owner and Engineer prior to the anticipated winter shutdown period. Construct road sections through at least the first lift of asphalt if they will be subject to traffic during periods of winter shutdown. Provide a minimum 24-foot wide asphalt paved surface acceptable to the Owner and Engineer for all traffic-carrying surfaces during winter shutdown. Prepare and submit a Winter Shutdown Traffic Control Plan to the Engineer for approval. Include the cost of any temporary pavement in the cost of other items, with no additional compensation. 16.9 Payment. All work described in this provision is paid for at the lump sum bid price for Traffic Control. Temporary pavement markings, if necessary based on winter shutdown, are paid at the lump sum bid price of Temporary Pavement Markings. The Owner may charge the Contractor Liquidated Damages, as described in Provision Subsection No. 5.3, when the Contractor does not adhere to the requirements of this provision 17. EROSION CONTROL AND PERMITS The Contractor is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed of on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all local, state, and federal laws and regulations pertaining to erosion control, material placed in wetlands, and floodplains. The Contractor shall dispose of all refuse and discarded material in an approved location. The Contractor shall comply with all laws and regulations of the Montana Department of Environmental Quality (MDEQ), Fish Wildlife and Parks, and with all other federal, state, and local laws and regulations controlling pollution of the environment. The Contractor shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. In addition, the Contractor shall conduct and schedule his operations to avoid muddying, or silting of rivers, streams, or impoundments. Particular care will be required to prevent trench spoils from entering streams or watercourses. Under no circumstances will equipment be allowed to operate in flowing stream channels. Sediment control provisions shall be used whenever work is conducted adjacent to drainages or watercourses to control silt in runoff. Adequate silt barriers or sediment traps shall be used to comply with statutory requirements for all stream-side work, both during and after working hours. Measures used may include staked straw bales, sediment ponds, and/or staked silt fence (Mirafi "Enviro-Fence", or equal). Sediment control measures shall be considered incidental to the Erosion Control and Permits lump sum bid item. The Contractor is responsible for the selection and implementation of sediment control measures for permit and statutory compliance. The Contractor's specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The Contractor is responsible for obtaining any required SPECIAL PROVISIONS Page 12 of 67 permits associated with erosion control and groundwater dewatering operations. Contractor's responsibility shall include all cleanup, restoration, etc. of all detention and discharge areas. The project is within the Bozeman MS4. Contact Kyle Mehrens (406-582-2270), City of Bozeman Storm Water Coordinator, prior to construction for storm water requirements. The project disturbance area is greater than 1 acre. The Contractor will be required to submit a Notice of Intent (NOI) & Storm Water Pollution Prevention Plan (SWPPP) to MDEQ for compliance with the General Permit (Storm Water Discharge Associated with Construction Activity). Efforts and costs associated with securing these permits shall be included in the lump sum bid price for Erosion Control and Permits. 18. FEDERAL CLEAN WATER ACT -NATIONWIDE PERMIT The Contractor shall follow the provisions of the Federal Clean Water Act, including requirements of the Nationwide Permit obtained for permanent stream and/or wetland impacts for this project. See Appendix C in these Contract Documents for additional requirements and permit information. Adhere to applicable permit conditions and/or NWP Fact Sheets, Regional Conditions, and 401 Certification requirements. Obtain an additional permit for temporary facilities and/or construction activities that are not covered by the Nationwide Permit obtained by the Owner for the permanent improvements. These construction activities may include, but are not limited to, temporary work pads, cofferdams, diversions, temporary fills and berms, haul roads, and other work that involves placement of fill or dredged materials into waters of the United States. Prepare the application and submit to the Engineer and Owner for review and submittal to the Corps of Engineers. Work in this provision is incidental to the Erosion Control and Permits bid item, and no separate measurement or payment is made. 19. STREAM PROTECTION ACT - 124 PERMIT The Contractor shall follow the requirements of the Montana Stream Protection Act (SPA) for the 124 Permit obtained for permanent stream impacts for this project. The SPA permit is administered by Montana Fish, Wildlife and Parks (FWP). See Appendix D in these Contract Documents for additional requirements and permit information. Obtain an additional permit for temporary facilities and/or construction activities that are not covered under the SPA 124 permit obtained by the Owner for the permanent improvements. These activities may include,but are not limited to, temporary work pads, cofferdams, temporary detours, diversions, removal and disposal of existing structures, temporary fills and berms, haul roads, and other work that involves work in streams. Prepare the application and submit to the Engineer and Owner for review and submittal to FWP. Work in this provision is incidental to the Erosion Control and Permits bid item, and no separate measurement or payment is made. 20. PROTECTION OF EXISTING PAVEMENT All equipment shall be fitted with pads on the outriggers and other accessories as necessary to prevent damage to existing pavement during the project. Any damages to pavement shall be corrected by the Contractor to the satisfaction of the Engineer at no additional cost to the Owner. SPECIAL PROVISIONS Page 13 of 67 21. OPERATION OF WATER VALVES All water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any valves without the written consent of the City of Bozeman. See Provision Subsection No.13.7 for additional requirements. 22. SALVAGABLE ITEMS Any existing items removed from the project under the terms of this contract shall remain the property of the City of Bozeman and shall be delivered to a site specified by the City of Bozeman. Should the City of Bozeman choose not to accept any salvageable items, then the Contractor shall dispose of those items at his expense at a site or landfill per statutory regulations. Work in this provision is incidental to the various items of work, and no separate measurement or payment is made. 23.ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers, or records which are directly pertinent to this Contract by the owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts, or transcriptions. 24. CERTIFICATES OF INSURANCE See also RPA Supplementary Conditions for additional Insurance requirements. The Contractor is responsible for providing the Owner with copies of Certificates of Insurance as discussed in Paragraph 5.03.A of the General Conditions. Failure of the Owner to demand such certificates or other evidence of full compliance with the insurance requirements outlined in the General Conditions and RPA Supplementary Conditions, or failure of the Owner to identify a deficiency from evidence provided, shall not be construed as a waiver of Contractor's obligations to maintain such insurance. By requiring the insurance and insurance limits specified, the Owner does not represent that coverage and limits will necessarily be adequate to protect the Contractor; and such coverage and limits shall not be deemed as a limitation on the Contractor's liability under the indemnities granted to the Owner in the Contract Documents. 25.ADDITIONAL INSUREDS In accordance with the insurance requirements outlined in the General Conditions and RPA Supplementary Conditions the following entities shall be included as additional insureds: OWNER: City of Bozeman, Montana ENGINEER: Robert Peccia and Associates ENGINEER'S CONSULTANTS: SK Geotechnical, RESPEC APPLICABLE LANDOWNERS: Parcel 1: Joseph& Janet Colombo Parcel 1A: Baxter Meadows Land Partners LLC Parcel 2: William &Dianne Peterson Parcel 3: Mahar Montana Homes LLC Parcel 4: The Crossing 2 Subdivision HOA Parcel 5: Ronald J. &Robert E. Brekke Parcel 6: James & Elizabeth Drummond Parcel 7: Ronald K. &Janice E. Lewis SPECIAL PROVISIONS Page 14 of 67 Parcel 8: John F. &Karen J. Sheady Parcel 10: Gallatin Center Limited Partnership Parcel 11: The United States Postal Service Parcel 12: Joseph&Bettie C. Stanislao Parcel 13: HD Development of Maryland Use the Additional Insured Endorsement CG 20,32 or equivalent acceptable to the Owner. 26. SAFETY STANDARDS The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons (including employees) and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor(OSHA), and all other applicable federal, state, county, and local laws, ordinances, codes, and regulations. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor's failure to thoroughly familiarize himself with the safety provisions shall not relieve him from compliance with the obligations and penalties set forth therein. The Contractor shall develop and maintain for the duration of this contract a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program. The duty of the Engineer to conduct construction review of the work does not include review or i approval of the adequacy of the Contractor's safety program, safety supervisor, or any safety measures taken in, on, or near the construction site. The Contractor, as a part of their safety program, shall maintain at their office or other well- known place at the jobsites, safety equipment applicable to the work as prescribed by the authorities, all articles necessary for giving first-aid to the injured, and shall establish the i procedure for the immediate removal to a hospital or a doctor's care of persons (including employees)who may be injured on the jobsite. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. In addition, the Contractor must promptly report in writing to the Owner and the Engineer all accidents whatsoever arising out of, or in connection with, the performance of the work whether on, or adjacent to, the site, giving full details and statements of witnesses. If a claim is made b anyone a against the Contractor or an Subcontractor on account of an Yg Y Y accident, the Contractor shall promptly report the facts in writing to the Owner and the Engineer, i giving full details of the claim. The Contractor shall take all necessary provisions for safe i handling of chemical amendments and potentially hazardous wastes, including apprising himself of hazards, developing safety plans, providing emergency and decontamination services, and developing spill containment procedures. 27.PAYMENTS TO CONTRACTOR 27.1 General. This section supersedes the sections of the General Conditions pertaining to payments to the Contractor, to be in compliance with MCA 28-2-2103 as amended on October 1, 2003. If an alternate billing, approval, and/or payment cycle is required for this project those SPECIAL PROVISIONS Page 15 of 67 provisions are discussed in the "Instructions to Bidders" section of these Contract Documents, and shall supersede this section on Payments to the Contractor. 27.2 Application for Partial and Final Payment, The Contractor shall prepare and submit four copies of the Application for Payment on a monthly billing cycle. At the preconstruction conference, it will be agreed upon which day of the month this application should be submitted so that it coincides with the Owner's billing approval and payment schedule. After the first partial payment request is submitted the Contractor shall submit their subsequent applications on the same date each month for the duration of the project. After the Contractor submits their Application for Payment, the Owner will have twenty-one (21) calendar days to review and approve payment for the entire amount of the request, or the undisputed portion of the request. During this same time period, the Engineer will review the payment request and make recommendations to the Owner on the items which the Engineer approves for payment, and which items are in dispute. Items which are in dispute will be documented in writing and provided to the Contractor for correction and resubmission on subsequent payment requests. The undisputed portion will be approved for payment, and will be paid within twenty-one calendar days after approval. Five percent (5%) retainage of all partial payments will be withheld from payment until the completion of the project. The Final Application for Payment, including release of the five percent (5%) retainage, may only be submitted after the Engineer has signed the Certificate of Substantial Completion and all punch list items have been addressed as described in the Supplementary Conditions. 28. GENERAL CONSTRUCTION REQUIREMENTS 28.1 Quality Assurance. The Engineer will monitor the construction of work to determine if the work is being performed in accordance with the contract requirements. The Engineer does not have the authority or the means to control the Contractor's methods of construction. It is, therefore, the Contractor's responsibility to utilize all methods, equipment, manpower, and other means necessary to assure that the work is installed in compliance with the Drawings and Specifications, and laws and regulations applicable to the work. All buried work items shall be installed in the presence of the Engineer or may not be considered for payment. 28.2 Grade and Alignnment. The Engineer provided original control benchmarks for project. The Contractor shall provide, with his own equipment, tools, material, and labor, additional control benchmarks as necessary, and all intermediate line and grade control to install the work within the tolerances specified. The Contractor shall calibrate and maintain all line and grade control equipment, including transits, levels, and lasers periodically to assure their accuracy. 28.3 Tolerances. Construction tolerances for the work, shall be as outlined in the Technical Specifications. 28.4 Construction Limits. Construction limits are shown on the Drawings. Disturbance and equipment access beyond this limit is not allowed without the written approval of the Engineer and landowner of the affected property. If so approved, disturbance beyond construction limits shall meet all requirements imposed by the landowner; this includes existing roads used and/or improved as well as the construction of new access roads. Special construction, reclamation, or other closure provisions required by the landowner on access roads beyond the construction limits shall be performed by the Contractor at no additional cost to the Owner. SPECIAL PROVISIONS Page 16 of 67 I 28.5 Areas of Disturbances. Approved areas of disturbance are those areas disturbed by construction activities within the construction limits and along designated or approved access routes. Such areas shall require reclamation and revegetation operations, including grading, topsoiling with salvaged or imported topsoil, seeding, and fertilizing, as specified herein. Other areas that are disturbed by the Contractor's activities outside of the limits noted above will be considered as site damage or unapproved areas of disturbance subject to the repair and replacement quality as specified herein. Such areas will also require the reclamation and revegetation operations noted above and as specified herein, but costs of such work shall be borne by the Contractor. This includes areas selected by the Contractor outside the defined construction limits for mobilization, offices, equipment, or material storage. The Contractor shall order sufficient materials to perform the required work for all areas of disturbance. The Owner will pay for revegetation work in all approved areas of disturbance. The Contractor will pay for the revegetation work in all unapproved areas of disturbance. 29.ENGINEERING INTERPRETATIONS The Engineer will have a Resident Project Representative (RPR) readily available to the project during the construction period, who has the authority to make judgment calls on matters dealing with interpretation of the Drawings and Specifications. The RPR shall have the right to take twenty-four hours to confer with the Engineer before giving said decision. When the decision affects a plan design or specification change, more time may be required than twenty-four hours to gain the necessary Owner and funding source participation in the decision process, including time for formal change order preparation as required. 30. CONTINUING PERFORMANCE This section supplements the procedures set forth in the General Conditions to be followed in the event that any part of the work or any change thereto becomes disputed. Resolution of unresolved disputes is discussed in the General Conditions. ' The Contractor shall continue to actively execute all work. Failure of the Contractor to actively and effectively execute the work shall be sufficient grounds for the Owner to terminate the i services of the Contractor, as provided in Section 15.02 of the General Conditions. However, a 10-day notice of termination shall be given only once. Resumption of the work by the ' Contractor, after receiving notice of termination, will not reinstate the 10-day notice period; and the Owner may at any time after the 10-day period immediately take whatever action the Owner i deems necessary to maintain the construction schedule, at the Contractor's expense. i 31.MATERIALS AND CONTROL TESTING All work will be tested and inspected for compliance with the Contract Documents. Complete i payment will not be made until the Contractor has demonstrated that the work is complete and has been performed as required. If the Engineer detects a discrepancy between the work and the requirements of the Contract Documents at any time, up to and including final inspection, such work will not be paid for until the Contractor has corrected the deficiency. 31.1 The Owner's Testing Company shall be responsible for the following testinL. ' • Compaction and density testing • Concrete testing • Asphalt pavement testing including coring SPECIAL PROVISIONS Page 17 of 67 , The Engineer shall coordinate and schedule testing services. The Contractor shall provide at least 24-hour notice for required tests to be performed.Neither tests made by the Engineer or the Owner's Testing Company will relieve the Contractor from his obligation to perform the work and all testing requirements in accordance with the Technical Specifications. The Owner's Testing Company will be paid directly by the Owner. 31.2 The Contractor shall be responsible for and pay for the following testing: 31.2.1 Dates of acceptable tests for water mains, which shall include hydrostatic and leakage testing and bacteriological testing. These tests shall be conducted by the Contractor in the presence of the Engineer. The written test results shall be provided to the Engineer prior to acceptance of the water main. 31.2.2 Elevations shall also be recorded and provided for the top of water main at 50' intervals. The Contractor shall cooperate with the Engineer to document these elevations, including providing the equipment necessary to shoot the elevations. The Engineer will have a representative on-site to record the data as the pipe is being installed. The Contractor shall provide safe access to the Engineer for these inspections and cooperate with the Engineer to ensure that adequate documentation is obtained. 31.2.3 Verification that all thrust blocking is installed in accordance with the approved Drawings and specifications. The Contractor shall provide safe access to the Engineer for these inspections and cooperate with the Engineer to ensure adequate documentation is obtained. 31.2.4 Mix designs for Portland cement concrete, asphaltic concrete pavement, and - flowable fill. 31.2.5 Soils and aggregate materials tests, including but not limited to Proctors, sieve analysis, abrasion, moisture content, gradations, etc. 31.3 Acceptance/Correction of Deficient Pavements. Materials, compaction, densities, or other construction items which do not meet the requirements of these specifications shall be replaced and retested at the Contractors' expense. Acceptance tests shall be evaluated by the Engineer for conformance with the Specifications. The Engineer shall determine what corrective action is necessary in order for the improvements to be accepted by Owner. Corrective action may include total removal and replacement of the deficient material, partial removal and replacement, placing additional material, or in lieu of corrective action,payment of a penalty to the Owner in certain instances. 31.3.1 Portland Cement Concrete. If an individual strength test (average of two cylinders tested at 28 days) falls below the specified strength by more than 500 psi, the in-place material represented by the failed test shall immediately be randomly cored for acceptance testing. A minimum of three and maximum of six cores shall be taken. If the average strength tests of the acceptance cores are deficient in strength by more than 500 psi but not more than 1,000 psi, the Contractor shall remove and replace the deficient concrete or pay the City of Bozeman 0.25 times the unit price bid times the area determined to be deficient in strength; if the average strength tests are deficient by more than 1,000 psi, the area of the concrete determined to be deficient shall be removed and replaced. 31.3.2. Asphaltic Concrete Pavement. SPECIAL PROVISIONS Page 18 of 67 The asphaltic concrete pavement shall be tested and evaluated for acceptance on a lot basis,with one lot being 1,000 tons of material. 31.3.2.1 Thickness. If the average thickness of the pavement cores is more than '/a" below the plan thickness, or if any one individual core is more than %2"below the plan thickness, corrective action or payment of a penalty will be required. a. Average Thickness Deficiencies. If the average thickness deficiency is between '/4" and 1/2", corrective action such as placement of additional material (i.e. overlay or chip seal), as determined by the Engineer, will be required. In lieu of placing additional material, the Engineer may allow the payment of a penalty to the Owner in the amount of 0.25 times the unit price bid of the asphalt pavement times the amount of pavement determined to be deficient. If the average thickness deficiency is more than %2", an overlay will be required, along with cold milling of the existing pavement to provide for a minimum overlay thickness of 1.5". b. Individual Core Thickness Deficiency. If any one core thickness is determined to be more than %2"below plan thickness, additional cores shall be taken at 10 foot intervals parallel to the centerline in each direction from the affected location until, in each direction, a core is found which is not deficient by more than '/4", in order to determine the extent of the deficient pavement. If the thickness deficiency is more than W', the area that is deficient shall be removed from pavement edge to pavement edge and replaced to bring the non-complying areas to planned thickness. If the thickness deficiency is not more than W, the deficient area will either be removed and replaced to the planned thickness, or a penalty will be paid to the Owner in the amount of 1.5 times the unit price bid times the amount of pavement that is deficient in thickness. 31.3.2.2 Dens i . The average density of the pavement cores shall equal or exceed 93% of the maximum density as determined by ASTM D2041 (Rice's density). If ' the average density is less than 93% but more than 90.9%, the pavement that has !. deficient compaction shall be milled and overlaid (1.5" minimum depth), or a penalty in the amount of 0.10 times the unit price bid for the pavement material times the amount of pavement that has deficient compaction shall be paid to the Owner. If the average density is 90.9% or less,the pavement area affected will be removed and replaced or overlaid as determined by the Engineer. If any one core is determined to have a density of less than 86%, additional cores shall be taken at 10 foot intervals parallel to the centerline in each direction from the affected location until, in each direction, a core is found which has a density of at least I 91%. The area that is determined to have deficient compaction shall be removed from pavement edge to pavement edge and replaced, or a penalty will be paid to the Owner in the amount of 1.5 times the unit price bid times the amount of pavement that is deficient in density. 32. CONTRACTOR SURVEY The Contractor shall be responsible for all layout and construction staking utilizing the Engineer's existing control and coordinate data for all surveying and staking items of work. Dimensions and elevations indicated in layout of work shall be verified by the Contractor. SPECIAL PROVISIONS Page 19 of 67 Discrepancies between Drawings, Specifications, and existing conditions shall be referred to the Engineer for adjustment before work is performed. Existing Engineer Control: The Engineer has set survey control (horizontal and vertical) for use in the design and construction of these improvements. A listing of the coordinates and vertical elevation for each of these control points is included in the Drawings. From these control points the Contractor shall layout the work by establishing all lines and grades at the site necessary to construct the work and shall be responsible for all measurements for the execution of the work to the location and limit marks prescribed in the Specifications or on the Contract Documents. Several of the Engineer's control points may have been disturbed or accidentally removed before contractor layout begins. The Contractor will be responsible for verifying the accuracy of all control points and laying out all critical project points with the remaining control points. The Contractor will be responsible for preserving and protecting the survey control until proper referencing by the Contractor has been completed. Any survey control obliterated, removed, or otherwise lost during construction will be replaced at the Contractor's expense. Any claims relating to survey location or construction staking accuracy must be supported by original control point data and verified in the field to the satisfaction of the Engineer. The Contractor will utilize the services of a Professional Land Surveyor, currently licensed in the State of Montana, for the construction staking for this project. Minimum project staking frequencies are as follows: 32.1 Mains. All utility mains shall be staked with offset hubs every 50 feet with elevation and cut/fill and station information clearly identified. In addition, all services, laterals, tees, fittings, stub-outs, angle breaks, valves, hydrants, curb stops, manholes, drain inlets, area drains and caps (for both services and mains) shall be staked with two aligned offset hubs with cut/fill and station information to pipe inverts clearly identified. 32.2 Roadway and Sidewalk Elements. All subgrade surfaces shall be staked (with blue tops) every 50 feet longitudinally and at all horizontal and vertical control points. All base/subbase course gravel surfaces shall be staked (with blue tops) every 25 feet longitudinally and at all horizontal and vertical control points. When in cut or fill sections exceeding 2 feet in depth from existing at centerline, slope staking shall be provided every 25 feet longitudinally. 32.3 Curb and Gutter. All curb and gutter and curb cuts shall be staked at minimum every 25 feet and at all horizontal and vertical control points, with one offset hub with cut/fill values referenced to full height curb. When possible, curb radius points shall be staked with a hub (no elevation or cut/fill information required). 32.4 Other Elements. Other staking elements to include right-of-way lines, construction permit lines, easements, utility relocations, culverts, storm drain, inlets and manholes, storm water basins, fencing, tree removals, driveways, sidewalks, ADA ramps, mailboxes, monument boxes, signs, electrical and lighting features, median islands, P.C.C.P. joints, detectable warning panels, pavement markings, wetlands including impact limits, and removals. The Contractor will field verify the vertical elevation of all system manholes and inlets. The Contractor will not order manholes and inlets until the field verification of rim elevations and exploratory excavations are complete and furnished to the Engineer for verification. SPECIAL PROVISIONS Page 20 of 67 The Contractor shall be aware of property pins and monuments. If damaged, the Contractor shall replace the pins and monuments using a Professional Land Surveyor at no additional cost to the Owner. The Contractor shall file a corner record for all monuments in accordance with MCA 70- 22-115. The Contractor shall establish benchmark elevations for all hydrants on the project. Benchmarks shall be set on the hydrant bonnet bolt closest to the point of the operating arrow on Mueller hydrants and on the bury depth tag on the hydrants. The elevations shall be certified by a P.L.S. registered in the state of Montana. The datum used for the elevations shall be clearly identified. Prior to commencing work, the Contractor shall carefully compare and check the Drawings, each with the other that in any way affects the location or elevation of the work to be executed by him, and should any discrepancy be found, he shall immediately report the same to the Engineer for verification and adjustment. Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the Contractors' sole expense. For surveys necessary to determine the amount of progress payments, the Contractor will be required to furnish all personnel, equipment and material required to make such surveys as are necessary to determine the quantities of work performed or placed during the period covered by the progress payment. All original field notes, computations and other records taken by the Contractor for the purpose of quantity and progress surveys shall be furnished promptly to the Engineer and shall be used to the extent necessary in determining the proper amount of payment ' due to the Contractor. These field notes, computations and other records shall be neat and orderly. Field notes shall be complete and in a standard format. Unless waived, all quantity surveys made by the Contractor may be reviewed by the Engineer. 33. SITE ACCESS The Contractor shall not unreasonably encumber the site or public rights-of-way with his materials and construction equipment. The Contractor shall comply with all reasonable instructions of the Owner's representative and the ordinances and codes of government agencies regarding signs,traffic, fires, explosives, danger signals and barricades. It may be necessary for the Contractor to secure a private parking area to stage from and to park vehicles and equipment. Costs associated with any offsite staging or parking areas shall be i considered incidental to the project. 34. CONSTRUCTION FACILITIES 34.1 Temporary Utilities. The Contractor shall provide all temporary electrical, lighting, telephone, heating, cooling, ventilating, water, sanitary, first aid, fire protection, and other utilities and services necessary for the performance of the work. All fees, charges, and other costs associated therewith shall be paid for by the Contractor. I 34.2 Barriers. 34.2.1 The Contractor shall temporarily remove fences, signs, barricades, minor structures, and other obstructions that interfere with the prosecution of the work. Removal shall not extend beyond designated construction limits or rights-of-way without i first obtaining written authorization from the owner of the barrier. 34.2.2 Fences and barricades used for the confinement or exclusion of livestock, animals, or persons shall be in place at all times or the Contractor shall provide j temporary fencing. SPECIAL PROVISIONS Page 21 of 67 i 34.2.3 Unless otherwise directed by the Engineer or indicated on the Drawings, all barriers so removed shall be replaced following the completion of the work to as good or better condition than existed prior to the start of work. This requirement applies to small trees and decorative shrubs as well as signs, fences, barricades, and minor structures. 34.2.4 The Contractor shall replace at their own expense all barriers damaged or destroyed. 34.3 Securily. The Contractor shall provide all security measures necessary to assure the protection of his plant and equipment, products and materials in storage, completed work, and the project in general. The Owner and Engineer are not responsible for theft or damage. 35. CONSTRUCTION WATER AND DISPOSAL Water for compaction efforts or other work as needed by the Contractor shall be supplied by the Contractor. Water from the City of Bozeman's municipal system may only be obtained from the metered service located at the city shop complex. The Contractor shall pay for the cost of the water used at a rate determined by the City of Bozeman Water Department. Disposal of used water shall be the responsibility of the Contractor. Discharges to the surface are subject to permit and regulatory requirements. Discharge of chlorinated water is the responsibility of the Contractor. Discharge to sewer or storm drains must be coordinated with and approved by the Owner. 36. GROUNDWATER,DEWATERING AND BYPASS PUMPING Groundwater may be encountered when excavating for culverts, storm drains, trenches, water lines, electrical foundations, and other roadway features. Groundwater may be present at shallow depths. Groundwater levels may fluctuate over the seasons and over the years. The Contractor shall make appropriate provisions for groundwater and dewatering. The Contractor shall submit a plan for dewatering to the Engineer. The Contractor is responsible for determining the appropriate method of dewatering and analyzing whether any dewatering will affect existing utilities, structures or buildings. The Contractor shall also be responsible for obtaining the necessary permits for discharge of the dewatering operations. All excavations that experience groundwater need to be dewatered properly and kept dry at all times. Design any dewatering wells to prevent piping of fines from the alluvial gravels into the collected water, which can leave voids and cause subsidence. Installation of pipes, signal/lighting foundations, culverts, mains, and inlets/manholes may require bypass pumping due to groundwater infiltration and/or pipe flows. Provide all items necessary for bypass pumping including materials, labor, tools, and equipment. Any damages incurred from dewatering activities and bypass pumping are the responsibility of the Contractor. Include all costs for dewatering and bypass pumping in the lump sum bid price for Dewatering. 37. SMOKE AND DUST CONTROL The Contractor shall obtain information for all applicable State Board of Health requirements and similar state or federal requirements pertaining to control of or abatement of air pollution. The Contractor shall provide such air pollution control measures as are required to comply with the minimum standards established by such agencies. SPECIAL PROVISIONS Page 22 of 67 I Hauling of material and transport of equipment along public roadways or through the towns and i adjacent other structures and dwellings shall require effective dust abatement procedures. This also applies to the unloading and placement of spoils material at deposition sites. The Contractor shall utilize environmentally sound methods for watering and/or otherwise chemically treating dust generating surfaces to comply with all applicable legal standards for airborne particulates. Prior to any work, the Contractor shall submit a written plan for dust abatement procedures identifying at a minimum the following: a. Times and nature of dust generating activity on public roads and at deposition sites. b. Nature and chemical characterization of dust abatement materials to be used. C. Method of application of dust abatement materials to be used. d. Time schedule for application of dust abatement materials to be used. e. Availability of equipment and operators for emergency application of dust abatement materials at other than scheduled times. Watering or chemical abatement for dust control is considered incidental to the Contract, and no ' separate measurement or payment is made. 38. SUPERINTENDENT The Contractor's Superintendent in charge of operations must be on-site during all construction activities. The Superintendent shall direct the work and make decisions either directly or through immediate contact with their supervisor. The Superintendent must be qualified to do such work and shall be the same person throughout the project. The Owner reserves the right to stop construction if the Superintendent is absent from the site during construction activity. Additional Contract Time will not be allowed due to stop work orders. 39. SANITARY FACILITIES The Contractor shall furnish, install, and maintain ample sanitary facilities for all workmen. ' Enclosed temporary toilets shall be placed as required by the sanitary codes of state and local governments. All such facilities shall be furnished in accordance with existing and governing health regulations. Costs for furnishing, installing, and maintaining sanitary facilities shall be considered incidental to other items of work, and no additional compensation is made. 40.USE OF COMPLETED PORTIONS i The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work or ' such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use causes refinishing of completed work, the Contractor shall be entitled to such extra compensation or extension of time or both, as agreed by the Owner. i 41. RECORD DRAWINGS The Contractor's Superintendent shall maintain at the project site, a "Record Set of Drawings" showing field changes, as-built elevations, unusual conditions encountered during construction, and such other data as required to provide the Owner with an accurate "as constructed" set of ' record drawings. The record drawings and survey data shall be made available to the Engineer at all times. This includes all field books,notes, and other data developed by the Contractor in performing surveys 1 . SPECIAL PROVISIONS Page 23 of 67 I required as part of the work. The Contractor shall furnish the "Record Set" to the Engineer following the Final Inspection of the Project. The Contractor's final payment will not be processed until the "Record Set" of drawings are received and approved by the Engineer. Work included in this provision is incidental to the Contract, and no separate measurement or payment is made. 42. OSHA REGULATIONS The Contractor shall comply with current Occupational Safety and Health Administration (OSHA) Construction Standards for Excavations. Any conflicting information between OSHA and these Contract Documents shall be revised so that the OSHA requirements supersede and take precedence over all other conflicting information. The Contractor shall obtain copies of and review the OSHA documents to avoid misinterpretation of their regulations. The Contractor shall prevent employee exposure to potentially harmful levels of contaminants and assure acceptable OSHA worker safety procedures are implemented. 43. SHORING The Contractor is responsible for providing all shoring or sheet piling during construction. It is the Contractor's responsibility to provide adequate shoring to ensure that construction does not enter on to adjacent private properties and that the structural integrity of existing buildings, structures, or ponds near the construction is maintained. In lieu of shoring, the Contractor may negotiate the infringement onto these properties with the appropriate owners, however, these negotiations will not be included as part of this project or contract. All deep excavations over 20 feet in depth and all shoring systems shall be designed and stamped by a Professional Engineer licensed in the state of Montana. 44. CONTAMINATED MATERIALS If contaminated soils or other wastes are encountered during the course of project work, the Contractor must comply with all applicable Federal, State, and local regulations regarding the reporting, handling, and disposal of such wastes and/or soils. The Owner will not be responsible for reporting, handling, or disposal of such wastes and/or contaminated soils encountered in the right-of-way during construction of the proposed work. Within 24 hours of the discovery of any hazardous wastes or contaminated soils, the Contractor must notify the Montana Department of Environmental Quality (DEQ) at 800-457-0568. Payment for work under this provision shall be addressed by the Owner, Engineer, and Regulatory Agencies at the time of discovery. 45. CLEANUP The Contractor shall be responsible for keeping all streets, sidewalks and driveways free of tracked mud and other construction related debris. At a minimum, the Contractor shall perform daily cleanup activities at the end of each working day. At any time, if the Owner or Engineer deems that it is necessary for cleanup activities be performed, the Contractor shall immediately take action to satisfy the cleanup request. If the Contractor is not immediately responsive in the requested cleanup activities, a written order to stop work on the project can be issued (General Condition 13.05). Work included in this provision is incidental to the Contract. SPECIAL PROVISIONS Page 24 of 67 46.TEMPORARY PEDESTRIAN ACCESSIBILITY The Contractor shall maintain the existing pedestrian facilities and crossings throughout construction, by providing the same level of accessibility on these routes as currently exists in accordance with the City of Bozeman Modifications to MPWSS and Part 6 of the MUTCD. Temporary items to perpetuate pedestrian accessibly and crossings may include, but are not limited to, temporary curb ramps, temporary detectable warning panels, sidewalk detours and diversions. Restore all pedestrian facilities and crossings to match existing conditions during winter shutdown. This work is included in the lump sum bid price for Traffic Control. 47.PROTECT EXISTING TREES Protect existing trees located outside the construction limits, within construction permit areas, or as noted on the Drawings. Do not disturb trees that are not designated for removal in the Drawings. If the Contractor proposes to remove a tree not designated in the Drawings, notify the landowner and obtain approval from the Engineer 24 hours in advance of tree removal. Protect trees from damage to the bark, limbs, and root systems. Wrap trunks with approved protective material, or fence to the drip lines with temporary fence made of polyethylene or polypropylene that is orange in color. Do not place,park, drive, or store construction equipment, gravel, soil or other materials on the surface of any unpaved areas within the drip lines of trees to remain in place. Do not deposit chemicals,rinse water, or petroleum products in the drip lines. Coordinate tree trimming and protection activities with the City of Bozeman Forestry Supervisor Alex Nordquest prior to construction at 406-582-3205. Notify the City of Bozeman Forestry Supervisor and the Engineer prior to any construction activities around trees to remain in place that have potential roots or branches infringing into the work zone for an initial inspection. Provide preventive action if necessary to prevent damage to overhanging limbs,tree trunks or roots which may be damaged from construction activity. Provide an approved arborist to repair trees damaged during construction activities at no additional cost to the Owner. If the Contractor severely damages a tree not designated for removal, replace the tree with a similar species subject to the approval of the landowner and Engineer, at no additional cost to the Owner. Work included in this provision is incidental to the Contract, and no separate payment is made. i 48. SPRINKLER SYSTEMS i Relocate and replace in-kind all system components for all locations where existing sprinkler systems conflict with the proposed work, as shown on the Drawings. Do not damage existing sprinkler and/or irrigation systems that are not in conflict with the proposed work. If relocated or existing systems that are not in conflict are damaged as part of construction activities,repair any damage to the systems to the approval of the Engineer at no additional cost to the Owner. i Obtain the Engineer's approval of the location and materials prior to repair, relocation, and/or replacement of systems or components. All irrigation facilities are to be activated and adjusted,if necessary, after construction activities are complete to ensure spray patterns meet the approval of the landowner and Engineer. If damage is caused to sprinkler and/or irrigation systems that are not in conflict with the proposed work, repair and/or replacement of the damaged components or system is at the Contractor's expense. SPECIAL PROVISIONS Page 25 of 67 Payment for relocation and/or replacement of sprinkler and/or irrigation systems in direct conflict with the proposed work will be paid for per each separate system of Adjust Sprinkler System, including all labor and materials for an operational system. 49. TOPSOIL Strip all topsoil within the construction limits to ensure replacement quantities are available to cover the disturbed areas within the construction limits with a 6-inch thick layer of topsoil. If sufficient topsoil is not available on site, provide imported topsoil to cover disturbed areas. Contract totals of salvaged and imported topsoil are estimated and actual quantities will vary. Stockpile topsoil at locations within the right-of-way approved by the Engineer. When construction operations do not permit stockpiling within the right-of-way, arrange for stockpile sites outside the•right-of-way at no additional cost to the Owner. Construct stockpiles so drainage is maintained and topsoil is easily reclaimed. Provide erosion control following best management practices and per applicable permitting requirements. Place topsoil on the completed graded roadway to the lines, grades, and elevations specified. The Cross Sections show the finished grade at the top of the topsoil layer. Place topsoil on all disturbed slopes to an average 6-inch loose depth and spread uniformly. Finish the disturbed areas in accordance with the Seeding,Fertilizer& Compost provision. Provide imported topsoil meeting the requirements of MDT Standard Specification 713.05. Salvaged and re-used topsoil is paid for at the unit bid price per cubic yard of Topsoil-Strip, Salvage & Reuse. If imported topsoil is necessary and approved by the Engineer, payment is at the unit bid price per cubic yard of Topsoil-Imported. 50. UNSTABLE AREAS Unstable areas shall be determined by the Engineer, and shall require subexcavation, compacted lifts of imported replacement material (Y minus pit run gravel material meeting the gradation in MPWSS 02230.2.3.B.2), and geosynthetic. The geosynthetic shall be as specified on the Drawings. Substitution of geosynthetic is not permitted unless accompanied by a project specific pavement design stamped by a Montana licensed Professional Engineer. This Contract estimates quantities of subexcavation, replacement material, and geosynthetic at unstable areas. These quantities establish unit bid prices, and the actual amounts will vary. No adjustment in the unit bid price will be made regardless of final quantities of subexcavation, replacement material, and geosynthetic installed. The Contractor shall provide haul tickets to the Engineer at the end of each working day for the imported material. No payment will be made, under any circumstance, for replacement material not documented on haul tickets. Subexcavation and replacement material will be paid at the unit bid price per cubic yard of Subexcavation & Replacement Below Subgrade (Imported Materials), which includes haul and disposal of unsuitable materials. Geosynthetic will be paid at the unit bid price per square yard. 51. STREET EXCAVATION (ABOVE SUBGRADE) Street Excavation (Above Subgrade) is the excavation and disposal of all material within the street template as shown on the Drawings and cross sections as the construction (cut/fill) limits. Street excavation includes removal and disposal of existing curb and gutter, pin down curbs, asphalt and concrete pavements, base courses, gravels, and sidewalk. No separate measurement or payment is made for removal or disposal of existing features within the construction limits. SPECIAL PROVISIONS Page 26 of 67 The cost of disposing of excess excavation and/or the use of imported borrow material to balance the project is included in the unit bid price per cubic yard of Street Excavation (Above Subgrade). The cost of clearing, grubbing, haul, disposal, and saw cutting are also included in Street Excavation (Above Subgrade). Actual earthwork quantities will vary based on site conditions, soil characteristics, and actual shrink/swell factors. No adjustment in the unit bid price of Street Excavation (Above Subgrade) will be made regardless of the final quantity of excess excavation or imported borrow used to complete the project. ' 52. SECTION LINE DITCH The Section Line Ditch is under the jurisdiction of the Farmer's Canal. The ditch provides water to two active downstream users. The ditch also conveys irrigation waste flows, groundwater flows, and runoff from spring flooding and storm events. Prior to beginning construction activities in the ditch, coordinate the work with the Farmer's Canal representative Bill Tatarka, i 406-581-5359. The general irrigation operating season for irrigation facilities is from April 15 to November 1. The ditch may also be used from March 1 to April 15 for spring flood relief for upstream facilities, dependent upon weather. The non-operating season is November 1 to March 1. The Contractor shall either install the pipe extension during the non-operating season, provide temporary alternate piping facilities to convey continuous irrigation water, or obtain approval from the Farmer's Canal representative for temporary ditch shutdown. Temporary facilities shall provide for irrigation water, waste flows, groundwater flows, and flooding runoff events. Temporary piping shall be no smaller diameter than the existing culvert diameter. Prior to construction in the ditch, obtain approval from Farmer's Canal and the Engineer for any temporary piping facilities and for the sequencing plan to extend the culvert. Include all costs necessary to perform this work in the cost of the RCPA bid item. No separate measurement or i payment is made. 53. WATERTIGHT RCPA JOINTS 53.1 Description. Furnish and install RCPA pipes with watertight joints. 53.2 Materials. 53.2.1 Joint Sealant. Furnish and install flexible plastic gaskets between culvert sections meeting the requirements of Subsection 707.02 of the MDT Standard Specifications and AASHTO M 198 (Type B). Provide joint material that is 1.25-inch equivalent diameter (1 inch 1.23 inch actual dimensions). 53.2.2 External Joint wrap. Furnish Type 3,chemically bonded adhesive butyl bands for all joints between RCPA sections meeting the requirements of ASTM C877. Use Type A designation with a sealing band width of 12-inch. Apply joint wrap material externally around eachjoint over semi-liquid paintable butyl rubber-based adhesive primer. Begin each joint wrap at haunch, extend up and over the top of the culvert, and terminate at the other haunch. Extend joint wrap under the haunches as far as possible on each side of the box culvert while maintaining seal with adhesive primer. If two or more pieces are required, lap a minimum of 6-inches. Replace punctured or torn joint wrap damaged by culvert installation at Contractor expense. 53.2.3 Epoxy Resin Bond Adhesive. Meet the requirements of AASHTO M 235 Type 4. SPECIAL PROVISIONS Page 27 of 67 53.2.4 Provide and apply high quality waterproofing to the walls and j oints of the RCPA. Submit waterproofing product and application methods to the Engineer for approval prior to installation. 53.3 Construction. Follow the recommended installation procedure provided by the manufacturer for a watertight RCPA drain. 53.4 Payment. Include all costs for this work in the unit bid price per linear foot of the various RCPA bid items. 54. CORRUGATED METAL PIPE ARCH EXTENSION Prior to ordering materials for the corrugated metal pipe arch (CMPA) extension at Sta. 96+06 in East Catron Creek, verify the existing arch pipe dimensions, corrugations and thickness in order to match the existing pipe. Verify the angle bend needed to connect the new pipe to the existing pipe. Extend the existing pipe to the location shown on the Drawings. Furnish and install a new FETS and riprap bank protection around the outlet FETS. Do not place riprap in the creek or creek banks. Payment for the all work under this provision is at the unit bid price per linear foot of 54"Equivalent CMPA. Riprap is paid separately. East Catron Creek supports several species of fish. Construct during low flow conditions. See the Stream Protection Act 124 Permit provision for additional information and requirements. 55.REMOVE STANDPIPE Remove and dispose of the existing metal standpipes and foundations at the locations shown on the Drawings. This work includes removal and disposal of all posts, fencing items, foundations, and other items at the associated location. Include all costs for excavation, removal, disposal, backfrll, and compaction in the lump sum bid price for Remove Drainage. 56. REINFORCED PORTLAND CEMENT CONCRETE PAVEMENT 56.1 General. At the two existing U.S.P.S. driveways, construct 9-inch thick reinforced Portland Cement Concrete Pavement (P.C.C.P.) with integral 9-inch thick curb and gutter, fillets, and double gutter on a prepared base course in accordance to MPWSS Section 02515. See the Drawings for surfacing thicknesses, reinforcing, and layout. Coordinate this work with Postmaster Joel Bachofer at 406-586-1508 and with the U.S.P.S. Architect Jeff Nowling at 214-502-3543. See the Traffic Control provision for additional requirements. 56.2 Materials. Provide materials as specified in MPWSS Section 02515, 03210, and 03310. Provide M-4000 concrete. Submit an independent mix design meeting the criteria to the Engineer for approval a minimum of 10 working days before the start of the concrete work. Also submit manufacturer's specifications to the Engineer for approval. Furnish Type I or II cement. 56.3 Construction. 56.3.1 Submittals. Submit a plan for placing, curing, and traffic phasing on the P.C.C.P. to the Engineer for approval a minimum of 10 working days before the start of paving work, adhering to the joint details as shown in the Drawings. Include specific detail of joint layout at manholes, water valves, drop inlets, monument boxes, and other structures in the P.C.C.P. section. Temporarily bend down any rebar posing a hazard to traffic. Provide construction joints as needed for phasing operations. Place construction joints at transverse contraction joint locations only, as shown on the Drawings. SPECIAL PROVISIONS Page 28 of 67 1 56.3.2 Deformed Tie Bars. Install deformed tie bars at the locations and spacing shown on the Drawings. Tie bars may be placed prior to paving with supports adequate to maintain depth, location and spacing. Use supports approved by the Engineer. 56.3.3 Dowel Bars. Dowel all transverse joints using epoxy coated round bars at the depth and spacing shown on the Drawings. Completely cover each bar with bond breaker. Place dowels within a tolerance of 0.25 inches for skew, spacing and depth. Place dowel bars prior to paving with supports adequate to maintain depth, location and spacing. Use supports approved by the Engineer. Use a dowel bar inserter only with the Engineer's written approval. Meet the contract requirements for dowel spacing, depth, I and alignment prior to the commencement of paving operations. i 56.3.4 Accelerated Paving Techniques. Submit a request with details and t specifications for accelerated paving techniques to the Engineer for approval. i 56.3.5 Opening to Traffic Strength Requirements. All tests must be witnessed by the Engineer to be valid. No traffic or any equipment other than joint sawing equipment is permitted on the concrete pavement until the concrete has developed sufficient strength. Submit to the Engineer for approval a method to determine opening to traffic strengths in accordance with MPWSS Section 02515 Part 3.23. i 56.3.6 See the provision for Materials & Control Testing and MPWSS Section 02515 i Part 3.12 for testing and acceptance requirements. 56.4 Payment. 9-inch thick reinforced Portland Cement Concrete Pavement is measured for payment at the unit bid price per square yard of P.C.C.P. 9"Thick. Payment is full compensation for preparation, materials, placing, and finishing of the P.C.C.P., incidentals, and includes furnishing and installing deformed tie bars, dowels, setting and maintaining wire control lines, sawing longitudinal and transverse joints, sealant, reinforcing steel, accelerated paving techniques, and testing for opening to traffic. 57.ELECTRICAL 57.1 Description. Electrical work includes new street lighting along Baxter and Davis Lanes and a new signal at the Baxter and Davis intersection. All new electrical items are colored "Hunter Green". This provision for lighting installations is intended to provide a set of minimum standards that shall be followed for street lighting within the City of Bozeman public right-of-way. The Drawings and this provision shall apply to all materials supplied, methods, and procedures of work to be followed, and other general minimum requirements that shall be complied with before work is accepted by the Owner. The City of Bozeman has adopted the latest editions of the following as part of these provisions: 1. Standard Specifications for Road and Bridge Construction, Montana Department of Transportation, including supplemental specifications 2. Manual on Uniform Traffic Control Devices,Federal Highway Administration 3. NFPA 70-National Electrical Code 4. NESC-National Electrical Safety Code The specifications outlined in this provision are revisions and amendments to the Montana Department of Transportation Standard Specifications for Road and Bridge Construction. In i situations where there is a conflict or question of interpretation, these provisions shall prevail. SPECIAL PROVISIONS Page 29 of 67 I Coordinate all electrical work between Contractors, the Engineer, Owner, and affected utility companies prior to the commencement of the work. Warp new conduit installations as necessary to avoid existing boulevard landscaping and utilities. Do not install concrete foundations until the Engineer's approval is obtained for the electrical submittals. 57.2 Equipment List and Submittals. Prior to construction, submit shop drawings and design calculations stamped by a Professional Engineer licensed in the state of Montana for all electrical items to the Engineer for approval. Carry out submittals in accordance with Subsection 617.03.2 of the MDT Standard Specifications. No extension of contract time will be allowed due to delay in receiving and/or processing electrical submittals. Contractor is required to submit record drawings for the electrical work. Provide additional equipment cut sheets for any electrical work that deviates from the Drawings. Furnish luminaire and signal standards meeting the design requirements of Subsection 703.04. The standards shall be fabricated and inspected in accordance with MDT Section 556 and designed to meet the 1994 AASHTO Standard Specifications for Structural Supports for Highway Signs. Provide shop drawings and design calculations, stamped by a Professional Engineer licensed in Montana, meeting the design requirements of Subsection 703.04. for signal standards, luminaire standards, mast arms, welds, and steel. Submit manufacturer's Certificate of Compliance for all steel and iron items meeting the requirements of Subsection 556.03.2.B. 57.3 Materials and Installation. When not specified in this provision, conform to the latest edition of the Standard Specifications for Road and Bridge Construction and Supplemental Specifications. Additions, exceptions or modifications to the Standard Specifications follow: 57.3.1 Foundations 57.3.1.1 Luminaire Foundations. In locations where the roadway is not curbed, and/or in dirt, the top of the foundation shall be 6-inches above the grade of the edge of the pavement or as directed by the Engineer. The top of the foundation shall be finished smooth and have a 3/4-inch chamfered edge. Where caisson foundations are located in the sidewalk, the caisson foundation shall be installed to 6-inch under finished curb or sidewalk grade or as directed by the Engineer. Where foundations are to be installed in dirt, landscaped areas, or any other situation where the top of the caisson is not being installed with an existing sidewalk or concrete improvement, the contractor shall use sono-tube on the top section of the caisson for finished appearance. As an option to the foundation size and reinforcements shown in the Drawings, a structural engineer licensed in the state of Montana shall determine the foundation size (depth and diameter) and concrete reinforcement for the specific light standard configuration. 57.3.1.2 Concrete Fill for Pedestal Type Cabinets. All pedestal type cabinets mounted on galvanized strut-channel supports shall have concrete filled post holes with a minimum depth of 36-inches and minimum diameter of 9-inches. 57.3.2 Plastic Conduit—PVC All PVC conduits located under roadways and driveways shall be schedule 80 type EPC- 80-PVC. Conduit under non-vehicular locations may be schedule 40 type EPC-40-PVC. SPECIAL PROVISIONS Page 30 of 67 PVC conduit shall be manufactured of high-impact PVC, and shall conform to industry standards and commercial standard CS-207-60 and NEMA TC 2. When bending PVC conduit, a water bending process may be used. This shall consist of a water filled steel pipe 4-feet long, heated to the temperature that will render the PVC conduit pliable in 30 seconds after insertion in the pipe. The conduit may then be bent to the desired angle and held in an appropriate jig for a cooling period. The Contractor may use other methods of bending PVC conduit if the preceding method is found unsuitable due to climatic conditions, but only after demonstrating the proposed I method to the Engineer and receiving the Engineer's approval. Bends in PVC conduit shall be made and conform to all appropriate sections of the National Electric Code or local codes governing bending radius, and the number of bends allowed as applicable for rigid conduit. Conduit bends, except factory bends, shall have a radius of not less than six times the inside diameter of the conduit. i 57.3.3 Plastic Conduit—HDPE All HDPE conduit shall be factory lubricated, low friction, high-density conduit constructed of virgin high-density polyethylene resin. Conduit shall be capable of being coiled on reels in continuous lengths, transported, stored outdoors, and subsequently I uncoiled for installation,without affecting its properties or performance. Bored electrical conduit shall be HDPE and installed using trenchless technology of i either jacked conduit or directional boring. 57.3.4 Steel Conduit Steel conduit for exterior, surface mounted, above grade installations shall be Galvanized Rigid Conduit(GRC). Polyvinyl Chloride coated Galvanized Rigid Conduit(PVC coated GRC) may be used for below grade installations, encased in concrete and above grade where exposure to water is imminent. GRC conduit shall comply with ANSI C80.1 and UL 6. PVC coated GRC shall comply i with NEMA RN 1. Coating thickness shall be a minimum of 0.040 inch (lmm), both inside and out. i 57.3.5 Conduit Installation All conduit direct buried in contact with earth shall be PVC, HDPE or PVC coated GRC. i PVC conduit installation through foundations (other than light standard foundations) shall have transition to GRC or PVC coated GRC prior to exposure above foundation. Underground conduit shall have the following minunum diameter trade size conduit, unless otherwise approved by the Engineer. a. Conduit Sleeves Under Roadways: 3-inch minimum I b. Conduit in Typical Trench: 2-inch minimum c. Conduit from Pull Box/Splice Box to Foundation: 1-inch minimum i Conduits shall be placed two feet from the back of curb. All existing conduits shall be cleaned with a mandrel or cylindrical wire brush and all conduits (existing or new) shall be blown out with compressed air, before conductors or signal facilities are installed. All conduits shall contain a nylon or polyester pull tape of at least 1250 pounds strength with footage marking tape. In occurrences that require complete intersection rewiring or new construction, a 12 AWG tracer wire shall be SPECIAL PROVISIONS Page 31 of 67 I installed across every conduit leg, and conduit plugs shall be installed in all conduits. Pull rope with footage tape, tracer wire, and conduit plugs shall be included in the price of electrical conduit. When conduit is specified to be installed under existing pavement by directional line boring, the boring pits shall be kept a minimum of 2-feet clear of the edge of pavement whenever possible. Conduit installed under pavement, sidewalk, dirt, sod or any condition other than under an existing roadway shall be installed with not less than 24-inches of cover to the top of the conduit. Under existing roadways, conduit shall be installed with not less than 30- inches of cover to the top of the conduit. 57.3.6 Pull Boxes All pull boxes and covers must be made of polymer concrete with fiberglass reinforcement with a traffic rating of TIER 22. Pull box covers shall be labeled as shown on the drawings. The labeling must be cast into the cover and not a separate independent tag. When pull boxes are located behind the sidewalk or in non-pavement areas, they shall be surrounded by a class B concrete collar to the dimensions shown on the Drawings. Maximum distance between pull boxes is 200 feet. Street crossings for conduit runs need to have a pull box at each side of the street crossing. Pull boxes are to be installed at each street corner where conduit takes a 90-degree bend around the corner of the block. Provide a Type 1 or Type 2 pull box by each street light with smaller 1.5-inch diameter conduit allowed going into light base from pull box. Box size shall be determined by the diameter of the Largest Trade Size Conduit (LTSC) installed in the box. For conductors 6 AWG or smaller, the box shall be sized six times LTSC in width or length dimension. For conductors 4 AWG and larger, the box shall be sized eight times LTSC in width or length dimension. For future expansion, empty conduit, with nylon or polyester tape pull tape of at least 1,250 pounds strength with footage marking tape, shall terminate in a pull box. Stub spare conduit(s) out of the box and cap below grade at 2 feet fiom the box, in the direction of future expansion. Label conduit stub out(s) in pull box "for future expansion to the direction of expansion". Wire connections in pull boxes should use waterproof, insulated multi-tap connectors, by Burndy, or IIsco, or equivalent. 57.3.7 Wiring All wiring shall be copper conductors installed in conduit to meet the National Electric Code. Minimum size current carrying conductor for exterior installations shall be #10 AWG copper. Furnish conductors of solid or stranded copper of the gauge shown in the contract. Insulation for conductors must be Type THW, XHHW, XH14W-2, USE, RHH, RHW, THWN, and THWN-2. All insulation must be designed for 600 volts and meet NEC requirements. Metal Clad cable (MC) or Armored Cable (AC) shall not be allowed in exterior applications. Exterior lighting shall be powered at 120/240V-1PH-3W unless otherwise noted on the Drawings. Wiring color code shall be as follows: SPECIAL PROVISIONS Page 32 of 67 Line 1 =Black Line 2 =Red Neutral=White Ground=Green 57.3.8 Bonding and Grounding All PVC or PVC coated GRC conduits from a metered power source shall have a raceway ground conductor installed with the current carrying conductors, sized to the NEC. Ground conductor shall have the size increased to match current carrying conductor size increase for voltage drop purposes. All light standard foundations shall have a 5/8-inch diameter x 8-foot long, copper clad driven ground rod installed in the pull box next to the light standard. Top of rod shall be minimum of 4-inches below grade. Exothermic weld or underground rated lug connect a #6 AWG soft drawn bare copper conductor from rod through '/2-inch trade size conduit in the foundation to the lug on the pole in the back of the hand hole. All grounding electrodes shall be bonded together per the NEC. 57.3.9 Colored Luminaire Standard & Colored LED Assembly Furnish 35' high galvanized steel luminaire standards colored "Hunter Green", and meeting MDT Type 10 in accordance with the provisions of Subsection 703.04.4. Furnish 10' mast arms in accordance with Subsection 703.04.5. Furnish Cobra LED assembly colored "Hunter Green". Provide breakaway bases on all luminaires to meet the criteria set forth in the AASHTO publication Standard Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals. All luminaires shall be light emitting diode (LED). Color temperature 4,000K, per ANSI C78.377-2011 standard. All luminaires shall be equipped with a surge suppression device with a minimum immunity level of 1 OkV. All luminaires shall have a minimum ingress protection (IP) rating of IP66, and shall be UL/ETL listed for wet locations. All luminaires shall be equipped with a 0-10V or DALI dimming driver, capable of receiving input line voltage 120V-277V. Driver shall comply with Federal Communication Commission (FCC) 47 Code of Federal Regulations (CFR) part 15 non- consumer radio frequency interference (RFI) and/or electromagnetic interference (EMI) standards. Minimum power factor (PF) shall be 0.9 at full input power. Maximum total harmonic distortion(THD) shall be 20 percent at full input power. A minimum 10-year warranty is required for all parts, materials, and shipping required to repair or replace luminaire. All luminaires are to be equipped with an ANSI C136.41 7-pin receptacle. Shorting caps are to be installed on each luminaire. Luminaires are to have either a Type II or Type III distribution, as shown on the Drawings. Access to all internal parts requiring replacement shall not require tools (i.e., "tool-less entry"). SPECIAL PROVISIONS Page 33 of 67 Luminaire shall be tested in accordance with IES LM79 and TM21 certifying photometric performance and rated life, respectively. LM79 (performance) and TM21 (predicted life) testing shall both be for the same luminaire's operating drive current as specified. Luminaires shall have a minimum L70 life of 100,000 hours based on IES TM21 testing. Luminaire system efficacy shall be no less than 80 lumens per input watt. Luminaire shall have an external label per ANSI C136.15 and internal label per ANSI C136.22. Luminaires shall be equipped with internal leveling bubble. Breakaway connections using sheer bolts must have a skirt to protect the bolts. Luminaires shall be colored hunter green. Luminaire distribution shall be equal or less than the Illuminating Engineering Society of North America's (IES) TM 15-11 Backlight, Uplight, and Glare (BUG)ratings as follows for Collector and Arterial streets: B3 UO G2. Luminaires shall be mounted in accordance with the manufacturer's specifications. Plumb or level all elements, symmetrically arrange, and securely assemble. Conceal all conductors in the poles and assembly. Luminaires shall have an adjustable slipfitter-type mounting system for the installation on 1.25 -inch (1.66-inch o.d.) to 2-inch (2.375-inch o.d.) outside diameter pipe tenons. Slipfitter shall consist of a two-piece clamp and four 9/16-inch hex bolts. Slipfitter shall allow for a vertical tilt adjustment of +/- 5 percent in order to mount plumb for a UO rating. Approved manufacturers of Cobrahead style are Cree XSP, Lumec Roadfocus, GE Evolve LED Cobrahead, or approved equal. Design calculations were based on GE Evolve 132W LED lamps. 57.3.10 Poles All poles, mast arms, and luminaires for street lights and signal poles shall be round, tapered steel with galvanized, or galvanized with a colored finish of"Hunter Green". All poles, foundations, and breakaway bases shall meet the criteria set forth in the AASHTO publication Standard Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals. Street light standards shall have an access panel and cover near base for access to wiring, fusible, in-line, water tight, breakaway connectors on wiring in pole hand hole area such as Bussman type water tight fuse holders. 57.3.11 Pole Bases Unless otherwise protected, a breakaway base shall be provided for all light standards. Breakaway bolt couplings are aluminum connectors or sleeves that are designed to shear when the pole is hit. The bottom of the coupling is threaded onto the foundation anchor bolts, and the light standard is attached to the top of the coupling. Four couplings are used with each light standard. Where breakaway supports are required, use the breakaway bolt coupling unless it will not function with the approved light standard. SPECIAL PROVISIONS Page 34 of 67 The frangible transformer base consists of a cast aluminum apron between the concrete foundation and the base of the pole. It is designed to deform and breakaway when hit by a vehicle bumper. Use the frangible transfer base where a breakaway base is justified but breakaway bolt couplings cannot be used. 57.3.12 Colored Finish ' Furnish new pole standards,mast arms, luminaire assemblies, cabinets, and all associated mounting hardware that are colored "Hunter Green" (RAL #6005). Do not color anchor i bolts, associated hardware, service assemblies or traffic and pedestrian signal indication housings. Provide colored electrical items by powder coating or factory painting. Furnish materials and submittals conforming to MDT Section 710. Paint or powder coat in accordance with MDT Section 612. The colored fmish may require an extended lead time. i 57.3.13 Service Assembly ' All street lighting systems shall be metered separately from other uses, except for street lights installed in conjunction with traffic signal poles. Service assemblies and metered pedestals shall be located away from intersection corners, behind the sidewalk, outside of the sight triangle and within the public right-of- way or easement, as shown on the Drawings. Electric services shall use NEMA Type 3R cabinets with hinged, lockable covers and j 3/8-inch holes for a padlock. Services shall be equipped with 3-way switches for hand- off-auto operation. Wire photocell on/off control in the auto position. Service assemblies shall house electrically held lighting contactors that are 12-pole with 30-amp contacts rated at 600V and 120V coils. Street lighting circuits shall be automatically controlled with turn lock mounting delayed response photo cells. Service assemblies shall have a 120V, twist-lock receptacle type photoelectric cell with matching receptacle base attached to the assembly with heavy duty galvanized c-channel structure using 1-inch galvanized rigid conduit, mounted 8- feet above grade. Orient window of photocell to face north. Photocell to operate the lighting contactors for on/off control when hand-off-auto is in the auto position. Meters shall be installed a minimum of 4-feet and maximum of 5-feet above grade to the ' center of the meter. 57.3.14 Push Button/Pedestrian-Tactile Furnish and install Polara Vibro-Tactile Pedestrian Buttons programmed by the factory for information messages. Custom voice messages include location information on a button push, and street crossing message when the appropriate walk signal activates. The voice messages required will be in the following format: • Voice on location (VOL): Wait to cross (Street being crossed) at (Intersecting Street). • Walk Message: (Street name being crossed). Walk sign is on to cross (Street name being crossed). 57.3.15 Detector Radar Furnish and install a Wavetronix Matrix Stop Bar radar presence detection system to detect vehicles for traffic signal operation. SPECIAL PROVISIONS Page 35 of 67 Furnish a complete detection system including radar presence detector, all necessary mounting hardware approved or provided by the manufacturer, a cabinet side mount preassembled back plate with power supply that meets manufacturers' specifications, and a contact closure input card. Furnish radar detection cable as specified and approved by the manufacturer of the radar detection equipment. The back plate provides communication, power conversion, power supply, and surge protection for up to four detection units. Include any additional cable, terminations, jumpers, connectors, and any miscellaneous equipment required to make this a complete and functional system as part of this item. The radar presence detection system is required to have automatic and manual configuration of lanes, stop bars, and zones. The radar detection system must include software for saving detector configurations and firmware upgrading. Ensure that a factory representative of the radar detection system manufacturer is present at the traffic signal turn-on to provide technical assistance in setting up, checking, and demonstrating that the system meets functional and operational requirements. Mount the radar detection units as approved by the manufacturer at the locations shown on the Drawings, or at alternate locations as approved by the Owner. Connect the radar detector to the detection cable as approved by the manufacturer, and install the radar detection cable as a single continuous run from the traffic signal cabinet to each radar detector connection. Splicing the radar detection cable is not allowed. Seal any wire entrance holes drilled in the signal standard as approved by the Engineer. 57.3.16 Colored Signal Standard(MDT Type 1, 2 & 3) Furnish colored signal standards and mast arms in accordance with Subsection 703.04 and Section 617.03. 57.3.17 Controller& Cabinet Furnish and install a Western Systems Siemens M-60 controller and all emergency preemption equipment required for a complete and functional system. Furnish and install an Opticom emergency preemptive system. Furnish all traffic controller equipment in conformance with the current MDT specifications for traffic signal control equipment. Arrange with the controller manufacturer to furnish a controller with programming and timing performed by the factory. For consistency, timing and programming shall match other Bozeman signals. Furnish and install a Western Systems traffic signal cabinet. Furnish controller cabinet in conformance with the current MDT specifications for traffic signal control equipment. Construct the pedestal meeting the requirements of Subsection 617.03 and the MDT Detailed Drawings. Provide a concrete pedestal foundation and mount cabinet, as shown on the Drawings. If not covered by this provision and Subsection 617.03, contact the MDT Electrical Unit of the Traffic Engineering Section for additional specifications for the traffic signal control equipment. 57.3.18 Miscellaneous Electrical Items Meet Subsection 617.03, Section 703 and Section 556 requirements for miscellaneous electrical items when they are not specifically covered in this provision. SPECIAL PROVISIONS Page 36 of 67 57.3.19 Signal Activation Requirements Install all intersection signing and pavement markings prior to activating the signal. Also provide an operational and complete street lighting system, including signal mounted luminaires,prior to activating the signal. Coordinate with the Owner, Engineer, and manufacturer representatives to be present prior to and during the signal activation for technical assistance in setting up, checking out, and demonstrating that the system meets functional and operational requirements. Manufacturer representatives shall include those for radar detection system, controller, cabinet, Polara pedestrian buttons, Opticom emergency preemptive system, and others as determined by the Engineer. Obtain approval of all representatives, Owner, and Engineer of a complete and working i system prior to signal activation. The Contractor shall supply the Engineer a complete set of as-built drawings for the signal system at the time of signal activation. 57.3.20 Remove, Salvage&Reset Electrical This work includes removing and resetting three private luminaires to new locations at the Post Office, and removing and salvaging one luminaire to the City of Bozeman. Notify the Engineer, Postmaster(Joel Bachofer 406-586-1508), and Post Office Architect (Jeff Nowling 214-502-3543) a minimum of 48 hours prior to commencing work on the Post Office parking lot electrical system. Coordinate work through the U.S.P.S. representatives to ensure a complete working system while minimizing lighting outages. Remove three existing private luminaires located at the Post Office parking lot and reset to the location shown on the Drawings. Do not remove existing wiring from inside luminaire poles unless damaged during relocation. Replace damaged electrical components with equivalent new components. Take care not to damage equipment. Securely attach all miscellaneous parts and reusable hardware to the equipment to prevent loss or damage. Dispose of removed conduit,wiring, and foundations legally. i Install a new foundation, conduit, and pull box (if necessary) for each luminaire, to the size and dimensions as shown in the Drawings for new luminaires, to connect with the existing lighting system. Install the existing luminaire on the new foundation and connect new wiring, conductors, and hardware to the existing luminaire and private lighting system, as necessary. Adjust the existing private lighting system as necessary to provide a complete and working system. Remove and salvage one luminaire at the Baxter and Davis intersection. Salvage items to the City of Bozeman shop complex at 814 N. Bozeman Avenue. Securely attach all miscellaneous parts and reusable hardware to the equipment to prevent loss or damage. Dispose of non-salvageable items legally off the project. Contact the City of Bozeman shop complex at 406-582-3200 to coordinate delivery. 57.4 Payment.Work under this provision is paid for by the following: Bid Item Unit Quantity Buried Electrical (Foundation, Conduit, Boring, Pull Lump Sum 1 Box, Cable,Wire, Conductor Colored Luminaire Standard Each 35 Colored LED Assembly(Signal&Luminaire) Each 38 SPECIAL PROVISIONS Page 37 of 67 Service Assembly (30 AMP & 60 AMP) Each 2 Signal Indication(Traffic &Pedestrian) Each 22 Controller, Cabinet & Concrete Pedestal Each 1 Colored Signal Standard (Traffic &Pedestrian) Each 10 Radar Detector Each 4 Push Button/Pedestrian - Tactile Each 8 Yagi Antenna Each 1 Remove, Salvage &Reset Electrical Lump Sum 1 58. UNITED STATES POSTAL SERVICE PARCEL WORK Coordinate scheduling and all work at the U.S.P.S. parcel with Postmaster Joel Bachofer at 406- 586-1508 and with the U.S.P.S. Architect Jeff Nowling at 214-502-3543 prior to commencing work. Site work includes a parking lot expansion, reinforced Portland cement concrete pavement driveways, removing and resetting electrical luminaires with system adjustments as necessary, tree removal, relocating and adjusting the sprinkler system, removing and resetting street signs, and removing and resetting the existing decorative sign. See the Traffic Control provision for additional requirements. 59. FLEXIBLE DELINEATORS Furnish flexible surface mount reinforced post delineators meeting the requirements of the City of Bozeman MPWSS Modifications Section 09810. For surface mount flexible delineators use Flex Stake Series 750, or approved equal. For ground mount flexible delineators use Flex-Stake Series 670 or approved equal. Install delineators as specified by the manufacturer's recommendations at the locations shown on the Signing Drawings. All work under this provision is included in the lump sum bid price for Signing. 60. OVERHEAD SIGN MOUNTING Signing is specified within this contract, which requires use of overhead sign mounting. Use appropriate sign mounting hardware included as a part of the other bid items on the contract for signs mounted on the mast arms. Provide sign mountings capable of attaching the sign to the mast arm with structural adequacy and in a vertical position at the sign's designated location. Assure the structural components and design of the sign mounting meet or exceed all requirements set forth in the "Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals" as published by AASHTO, and any amendments. All work under this provision is included in the lump sum bid price for Signing. 61. REMOVE AND RESET DECORATIVE U.S.P.S. SIGN Remove the existing decorative United States Post Service (U.S.P.S.) sign and foundation located at 91+26, 47' LT. Provide a new sign foundation to match existing foundation dimensions, materials, and reinforcing at the new location shown on the Drawings. Provide new brick sign base to match the existing dimensions and materials. Reset the existing U.S.P.S. sign on the new brick base and foundation. Adjust and alter existing electrical components as necessary to match existing sign conditions. Obtain approval of the Postmaster and Engineer for a complete and acceptable installation. SPECIAL PROVISIONS Page 38 of 67 Coordinate the work 48 hours in advance with the Postmaster (Joel Bachofer 406-586-1508) U.S.P.S. Architect(Jeff Nowling 214-502-3543). Payment is at the unit bid price for Remove & Reset Decroative Sign, and is full compensation for removals, new foundation and reinforcing, brick base, miscellaneous mounting hardware, electrical adjustments, and incidental items or equipment used to complete the work as specified. 62. SEEDING, FERTILIZER AND COMPOST 62.1 General. This work is the seeding, fertilizing, and placing compost on newly prepared topsoil areas. This bid item also includes weed control on the project as determined by the Engineer. This work includes and the watering and maintenance of newly seeded areas until vegetation is established or until an irrigation system is operational, as accepted by the Engineer. Meet additional requirements in MPWSS Section 02910, including those for preparation and maintenance of seedbeds. Topsoil areas are defined as disturbed areas within the construction limits. Areas for seeding, fertilizer and compost include topsoil areas, and all undisturbed areas within the construction permit and right-of-way areas. Contract quantities do not include Contractor staging or stockpile areas, or areas outside right-of-way limits. Lawn areas are quality seeded areas, irrigated areas, and boulevard areas. Field areas are native grassed and non-irrigated areas. Wet Meadow areas are creeks, delineated wetlands, and storm water basin areas. Drill seed all slopes 3H:1V or flatter. Hydraulic seed all slopes steeper than 3H:1V (new fill slopes at the existing Home Depot storm basin). Drill seed to a seed depth of 0.25 to 0.5 inches. For areas inaccessible by drill seed equipment, broadcast seed at a rate of double the seeding rate shown in the table, and scarify to incorporate the seed into the upper 0.25 to 0.5 inches of soil. 62.2. Seed Mix. Area Species Seeding Rate lbs/acre Lawn Commercial turf grass mixture, specifically blended for 80.0 and adapted to the Bozeman area. Must contain: 2 varieties of Kentucky bluegrass (50% by weight) 1 variety of turf-type perennial ryegrass (25%by weight) 1 variety of turf-type creeping red fescue (25% by weight) Field Pryor slender wheatgrass 4.0 Covar sheep fescue 8.0 Rosana western wheatgrass 15.0 Critana thickspike wheatgrass 15.0 Reubens Canada bluegrass 4.0 Wet Nebraska Sedge 1.0 Meadow Baltic Sedge 0.1 Tufted Hairgrass 0.5 Orchardgrass 0.3 Fowl Bluegrass 0.25 SPECIAL PROVISIONS Page 39 of 67 62.3. Fertilizer Application. Nitrogen P205 10 lbs/acre 30 lbs/acre 62.4 Compost. Uniformly apply a dry weight equivalent of 16 tons per acre, roughly 65 cubic yards per acre, of compost within 4 hours over the seeded areas. Compost can be applied in dry form with a blower unit or as a hydraulic slurry. Within 24 hours following compost application, apply a guar-based tackifier with hydraulic equipment at a rate of 70 lbs of tackifier per acre. Use Glacier Gold,Big Butte Compost, Earth Systems compost, or approved equal. 62.5 Pam. All work under this provision including seed, fertilizer, compost, weed control, watering, and all incidentals is paid at the lump sum bid price for Seeding, Fertilizer, and Compost. 63. MAILBOXES 63.1 General. This work is the removal, temporary reset and maintenance during construction, and furnishing and installation of new mailboxes, newspaper boxes, and crash-worthy supports at the specified locations or as directed by the Engineer. 63.2 Materials. Provide new large black metal mailboxes with the service door embossed with the following two statements: "U.S. MAIL" and"Approved By The Postmaster General". Provide permanent address markings on the flag side of the mailbox two inches tall in white reflective numbers. If the mailboxes are grouped,provide address numbers on the mailbox door. Furnish a crash-worthy mailbox support as shown on the Drawings, a mailbox support identified in the current edition of AASHTO Guide for Erecting Mailboxes on Highways, or other commercially manufactured NCHRP 350 or MASH compliant crashworthy mailbox support. Furnish a NCHRP 350 or MASH complaint crashworthy support for temporary mailbox resets of mailboxes. Do not use traffic control devices as mailbox supports. 63.3 Construction. Coordinate with the U.S. Postal Service and mailbox owner prior to any activities impacting mailboxes. Reset and maintain all mailboxes and newspaper boxes on the project site throughout construction. Temporary supports and locations shall be approved by the Engineer. Stake permanent mailbox locations prior to installation, and obtain approval from the Engineer and Postmaster for location and height. Install new mailboxes and attach existing newspaper boxes as shown on the Drawings. Salvage existing mailboxes if requested by the landowner. Dispose of non-salvaged mailboxes and supports. 63.4 Payment. Payment is at the unit bid price for each Mailbox and includes removal, temporary resets, salvage, numbering, disposal, maintenance, all materials, labor, and resources to complete the item of work. 64. TEMPORARY PAVEMENT MARKINGS Temporary pavement markings are included in the Contract for application prior to winter shutdown, if necessary. If temporary markings are placed on the final lift of pavement, do not use markings, which, when removed, results in the location of the temporary markings being visible as determined by the Engineer. Do not use sand blasting as a means of removing temporary striping on the final lift of pavement. The temporary striping shall meet the SPECIAL PROVISIONS Page 40 of 67 requirements specified in MDT Subsection 714.01 for Temporary Striping Tape or MDT Subsection 714.03 for Temporary Waterborne Traffic Paint. Temporary markings include centerline, median lines, turn lane lines, crosswalks, stopbars, and turn lane words and symbols. Temporary markings for bike lanes, travel lane edge lines, and median hatching are not part of this Contract. i 65. RIPRAP Riprap is a cover of stone or fragmented rock, without grout, placed along embankment slopes and culvert ends. Furnish the riprap gradation shown on the Drawings. Place the stones on the slopes to form the cross section specified on the Drawings. Uniformly distribute the smaller stones throughout the work. Manipulate the stones by hand or machine to provide a uniform surface and stable mass. Place riprap around pipe openings without damaging the pipe. Repair damaged pipe at Contractor expense. Key riprap ends into the embankment slopes at least two feet from the outer face of the riprap for the full height of the riprap. Payment is at the unit bid price per cubic meter of riprap volume installed. Excavation is incidental to the cost of Riprap. 66. TRENCH DRAIN AND SUMP INLET Provide and install a Dura Slope trench drain system as shown in the Drawings, or approved equal. Provide and install a sump inlet as shown in the Drawings. Coordinate the work and installation with the landowner. Payment for the trench drain is at the unit bid price per linear foot of Trench Drain system installed, and includes the 4" PVC outfall pipe to the sump inlet, pipe bends and connections, excavation, concrete, and reinforcement. Payment for the sump inlet is at the unit bid price per each Sump Inlet and includes the drain rock, grate, and excavation. Drainage Geotextile is paid separately. 67. SOILS INFORMATION SK Geotechnical of Billings, Montana provided geotechnical design reports for pavement evaluation and signal pole foundations. The soil boring locations and materials are shown on the drawings and the laboratory test results are included in the reports in Appendix B in these Contract Documents. This information is provided for informational purposes only. The Contractor remains responsible for analyzing site conditions when preparing their bid. 68. TRENCH BACKFILL Native or onsite suitable backfill material is preferable to Imported Trench Backfill for new pipe installation. Clay, organics, and saturated or near saturated soils will not be permitted for use as native backfill material. Backfill materials shall be placed in maximum 8-inch compacted lifts and shall be compacted to at least 95% of the material's maximum dry density as determined by ASTM D698. The Contractor shall provide the Engineer with a Proctor (moisture/density relationship) for the backfill material. If native materials are found unsuitable for trench backfill, the Contractor shall substitute the unsuitable materials with suitable onsite materials. No additional payment will be made to the Contractor for the onsite substitution of trench backfill materials or removal and disposal of unsuitable excavated materials. If onsite substitution trench backfill materials are depleted, the Engineer may approve the installation of imported trench backfill prior to its placement. SPECIAL PROVISIONS Page 41 of 67 Imported Trench Backfill will be paid by the cubic yard at the contract unit price and payment includes the removal, haul, and disposal of excavated unsuitable backfill soils. Imported Trench Backfill will be measured and paid by the cubic yard (at an assumed compaction of 95% and at optimum moisture content of a standard proctor) based on a 5-foot maximum trench width. The Contractor shall provide haul tickets to the Engineer at the end of each working day summarizing how much material was placed and where it was placed. No payment will be made for Imported Trench Backfill not documented on haul tickets. This Contract estimates a quantity of Imported Trench Backfill to establish a unit bid price, and the actual amount will vary. No adjustment in the unit bid price will be made regardless of the final quantity of Imported Trench Backfill installed. 69. GARBAGE COLLECTION The Contractor shall coordinate with City of Bozeman Solid Waste Division and Republic Services for collection services. The Contractor shall provide trucks access to garbage and recycling containers, or the Contractor shall move containers to a location determined by the collection agency, according to the standard collection schedule. No additional payment or compensation will be considered for this work. 70. WORK ITEMS AT THE JEHOVAH'S WITNESS CHURCH PARCEL The new right-of-way for the Jehovah's Witness Church parcel has not been acquired and is currently in negotiation. Items of work at this parcel are shown on the Drawings as `NOT THIS CONTRACT'. Excluded work items are curb and gutter, sidewalk, boulevard, tree removal, topsoil and seeding, sprinkler system adjustments, and curb removal. The new roadway will be constructed as shown on the cross sections, with fill slopes to remain within existing right-of- way limits. The necessary relocation of existing private utilities may not be possible along this parcel. Utility companies may obtain separate easements on the parcel for utility relocations. Coordinate all work with the utility companies regarding conflicts, utility relocations, adjustments, and avoidance. Re-route the street lighting conduit as necessary based on final utility relocations. Proposed luminaire #27 is located on the parcel, and shown on the electrical Drawings as outside the existing right-of-way limits. Install the pull box, conduit, and all wiring as shown on the electrical Drawings, within the existing right-of-way. Do not install the luminaire foundation, pole, or LED assembly. The electrical quantities include the luminaire and LED assembly. Deliver the luminaire pole and LED assembly to the city of Bozeman shop complex for future installation by others. Adjust the electrical wiring as necessary to provide a complete and working system without luminaire#27 installed, and for ease of future pole installation. Work under this provision is incidental to roadway and electrical items of work, and no separate measurement or payment is made. If right-of-way is acquired during the construction of this project, the Owner may request a Change Order for the Contractor to install the roadway and electrical items of work shown on the Drawings as `NOT THIS CONTRACT'. 71. MEASUREMENT AND PAYMENT 71.1 Scope. This section describes the method of measurements and basis of payment for all work covered by the Contract Documents. For the purposes of this Contract, this Measurement SPECIAL PROVISIONS Page 42 of 67 l I and Payment Section shall govern and take precedence over all other references to measurement and payment(with exception to any addenda)referenced in these specifications. 71.2. Bid Prices. The bid price for each item of the Contract in the Bid Proposal shall cover all work shown on the 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 required construction support plants, equipment, and tools; and performing all necessary labor and supervision to fully complete the work, shall be included in the unit and/or lump sum prices bid in the Bid Proposal. The amounts shown on the Bid Proposal shall be the contract price. 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 Proposal. i All work not specifically set forth as a pay item in the Bid Proposal shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid. i 71.3. Estimated Quantities. Any estimated quantities stipulated in the Bid Proposal or other Contract Documents are approximate and are to be used; (1) only as a basis for estimating the i probable cost of the work and(2)for the purpose of comparing the bids submitted for the work. 71.4. Incidentals. The following measurement and payment sections do not necessarily name all the incidental items required by the Contract Documents to complete the work. The cost of all such incidentals shall be included in the various related bid items. Final payment will not be made until the work is complete and accepted by the Owner. r 71.5. Method of Measurement. No measurement of items contained in this Contract will be made on items representing a lump sum bid. Measurement of items contained in this Contract will be made on the number of items represented by each unit installed and described in further detail in the payment section. i 71.6. Basis of Payment. i Item No. Description 1. Mobilization,Bonding& Submittals (May Not Exceed 5% of Total Base Bid): * General: This bid item shall include mobilization, bonding, insurance, permitting, and submittals. * Work Included: 0 All labor, tools, equipment, materials, and incidentals necessary to I complete the work as specified; • Transport and set up all equipment, materials and other items needed to ' complete the project; 0 All permits, coordination and compliance inspections required for work; i • Bonding and Insurance; 0 Provide all submittals, the construction schedule, and other paperwork required prior to construction start up. * Measurement: Measurement is one lump sum item. * Payment: Payment is at the unit bid price per lump sum. Payment of this bid item will be allowed once the Contractor is fully mobilized, all submittals are received, and bond and insurance certificates have been submitted and SPECIAL PROVISIONS Page 43 of 67 i I approved; thereon 100% payment will be allowed. This bid item may not exceed five percent(5%) of the total base bid. 2. Construction Surveying, Staking, &Testing: * General: This bid item shall include providing field surveying equipment, trained personnel, and staking services for all construction activities in accordance with this contract. This bid item also includes all testing services not provided by the Owner's Testing Company. * Work Included: • Provide all surveying equipment and all required surveying, staking, and grade control as specified and as shown in the drawings; • Provide a P.L.S. and other personnel for the operation of the survey devices and equipment; • Produce and deliver to the Engineer all staking notes and material testing reports; • Provide all testing services not provided by the Owner's Testing Company. * Measurement: Measurement is one lump sum item. * Payment: Payment is at the unit bid price per lump sum. Partial payments will be made based on the percentage of surveying, staking, and testing provided. 3. Traffic Control: * General: This bid item shall include providing traffic control submittals, personnel and devices for all construction activities. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Obtain all required agency approvals and provide an approved traffic control plan and iterations; • Coordination with adjacent projects and agency representatives, news releases, newsletters, and public meetings as specified; • Furnish, install, maintain, relocations for sequencing changes, and removal all necessary traffic control devices and markers; • Provide personnel for flagging and other traffic control tasks as needed; • Furnish, install, maintain and remove temporary traffic and pedestrian signals, warning signals and lights, ADA accessibility, pavement markings, and signing for vehicles,pedestrians, and bicyclists; • Furnish, install, maintain and remove traffic control items for and during winter shutdown including temporary asphalt pavement; • Furnish, install,maintain and remove detours and temporary widening; • Furnish, install, maintain, and remove temporary concrete barrier rail and temporary attenuators as required for vertical and horizontal hazards based on construction sequencing and traffic control. * Measurement: Measurement is one lump sum item. * Payment: Payment is at the unit bid price per lump sum. Partial payments will be made based on the percentage of the traffic control provided. SPECIAL PROVISIONS Page 44 of 67 i i 4. Erosion Control &Permits: i * General: This bid item shall include preparing applications and obtaining project permits, and procuring and installing all required erosion control i devices. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • All permits, coordination and compliance inspections required for work including but not limited to the NOI, SWPPP, and any requirements for the CWA Individual, Stream Protection Act 124, and 401 Certification permits; • Procuring and installing temporary erosion control devices, and permanent i erosion control devices at pipes and other areas as necessary; i • Monitoring the performance of erosion control devices and providing i corrections, improvements, or maintenance as necessary; • Removal of temporary devices. ' * Measurement: Measurement is one lump sum item. * Payment: Payment is at the unit bid price per lump sum. 5. Dewatering: i * General: This bid item shall include dewatering, bypass pumping, and permitting to construct the project. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • All dewatering and discharge plans,permits, coordination and compliance inspections required for work, • Disposal of waste water; • Furnish, install, maintain and remove dewatering and bypass pumping facilities. * Measurement: Measurement is one lump sum item. * Pament: Payment is at the unit bid price per lump sum. 6. Miscellaneous Work: * General: This bid item includes any minor work or materials on the project not covered by the other bid items. * Work Included: Miscellaneous Work items will be determined by the Engineer. * Measurement: Measurement is per each unit of Miscellaneous Work for each unit of material or work performed, as directed in writing by the Engineer. * Payment: Payment is at the unit bid price per each unit of Miscellaneous Work, as directed in writing by the Engineer. 7. Remove Tree: * General: This bid item includes removing existing trees and stumps within the construction limits as shown on the Drawings and as directed by the Engineer. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to SPECIAL PROVISIONS Page 45 of 67 complete the work as specified; • Removal of trees and stumps as shown on the Drawings and as directed by the Engineer including backfilling, compaction, and re-grading. • Coordination with the City of Bozeman Forester; • Protection of existing trees that are not to be disturbed. * Measurement: Measurement is per each tree removed. Tree grove area quantities are as estimated on the Drawings. * Payment: Payment is at the unit bid price per each tree removed. 8. Trim Tree: * General: This bid item includes trimming trees as shown on the Drawings and as directed by the Engineer. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Trimming trees including removal of limbs and debris; • Coordination with the City of Bozeman Forester; • Protection of existing trees that are not to be disturbed. * Measurement: Measurement is per each tree trimmed. * Payment: Payment is at the unit bid price per each tree trimmed. 9. Topsoil-Strip, Salvage, &Reuse: * General: This bid item includes the stripping, salvage, stockpiling, and reuse of topsoil. Remove all available topsoil to provide a replacement quantity to cover all areas disturbed by construction within the construction limits shown on the Drawings with a 6-inch thick layer of salvaged topsoil. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Stripping, salvaging, and stockpiling existing topsoil to stockpile locations approved by the Engineer within right-of-way limits or at a Contractor furnished site located off the project; • Hauling, placing, spreading salvaged topsoil on disturbed areas within construction limits to a 6-inch depth; • Grading the topsoil to finished grade elevations and slopes. * Measurement: Measurement is per cubic yard of final topsoil in place. * Payment: Payment is at the unit bid price per cubic yard. 10. Topsoil-Imported: * General: This bid item includes furnishing and installing imported topsoil including any stockpiling and re-handling of topsoil, if there is not adequate salvage topsoil material available within the project limits to cover all disturbed areas to 6-inch thick depth of topsoil, as approved by the Engineer. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Imported topsoil including hauling, stockpiling, and re-handling of topsoil; • Hauling, placing, spreading salvaged topsoil on disturbed areas within SPECIAL PROVISIONS Page 46 of 67 construction limits to a 6-inch depth; • Grading the topsoil to fmished grade elevations and slopes. * Measurement: Measurement is per cubic yard of final topsoil in place. Plan quantities are an estimate only. * Pam: Payment is at the unit bid price per cubic yard. 11. Remove Drainage: * General: This bid item includes the removal or abandonment and disposal of existing storm drain systems, culverts, manholes, standpipes, and inlets. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Saw cutting and excavation of the storm drain system, culverts, inlets, standpipes, or manholes to expose and remove/abandon; • Removal and disposal of storm drain pipes, culverts, end sections, inlets, manholes, grates, rims, aprons, stand pipes, and excess material; • Any exploratory excavation, repair work, protection, and slowdown in progress due to encountering any utility which crosses the existing pipes; • Backfilling, re-grading, and compacting the removal or abandon areas. * Measurement: Measurement is at the lump sum for removing all existing drainage components necessary. * Payment: Payment is at the lump sum bid price for Remove Drainage. 12. Remove Fence: * General: This bid item includes the removal and disposal of existing fence. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Excavation, removal and disposal of fence, posts, braces, wires, mesh, and foundations including backfilling, compaction, and re-grading; • Temporary fencing as directed by the Engineer; • Protection of existing fences that are not to be disturbed. * Measurement: Measurement is per linear foot of removed fence. * Pavment: Payment is at the unit bid price per linear foot of removed fence. 13. Reset Fence: * General: This bid item includes the removal and resetting of existing fence. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Excavation, removal, resetting of fence, posts, braces, wires, mesh, and foundations including backfilling, compaction, and re-grading; • Temporary fencing as directed by the Engineer; • Protection of existing fences that are not to be disturbed. * Measurement: Measurement is per linear foot of reset fence. * Payment: Payment is at the unit bid price per linear foot of reset fence. 14. Reset Pipe: * General: This bid item includes the removal and resetting of existing pipe sections, FETS, and trash racks. SPECIAL PROVISIONS Page 47 of 67 • Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Excavation and removal of existing pipe sections including backfilling, compaction, and re-grading; • Trench excavation, foundation preparation and compaction, pipe bedding and backfill to place the pipes to the lines and elevations specified; • Removal and disposal of all waste materials; • Connections to the existing storm drain pipes or culverts including concrete collar connections, precast mitered bends, angled joint connections, and bends; • Connections to FETS and Trash Racks as shown on the Drawings; • Any exploratory excavation, repair work, protection, and slowdown in progress due to encountering a utility which crosses the buried pipes. • Measurement: Measurement for reset pipes is by the linear foot measured along the flowline for the installed and accepted pipes. * Pam: Payment for the completed and accepted quantities is at the unit bid price per linear foot of reset pipe for the type, size and material specified. 15-23. Storm Pipe and Culverts: • General: These bid items shall include furnishing and installing new pipe for the storm drain system and for culvert replacement and extensions, of the material and dimensions specified. • Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Saw cutting, trench excavation, foundation preparation and compaction, bedding and backfill to place the pipes to the lines and elevations specified; • Removal and disposal of all material generated from excavation; • Subexcavation of saturated or yielding subgrades as required to provide a firm, unyielding pipe foundation bed; • Furnishing and placing Subexcavation foundation material as a subbase to pipe bedding as required to provide for a firm, unyielding pipe bed; • Furnishing and placing backfill, re-grading, and backfilling and compacting trench areas as necessary; • Connections to the existing storm drain pipes or culverts; • Furnishing and installing PVC, RCP, RCPA, CMP, CMPA, CMP Slotted Drain, and Trench Drain system pipes and appurtenances; • Concrete collar connections, precast mitered bends, angled joint connections, and bends; • Furnishing and installing FETS and trash racks as shown on the Drawings; • Coordination with the Farmer's Canal; • Temporary stream and irrigation diversion facilities for pipe installation outside of the non-irrigated and non-low flow periods, and to provide irrigation water to downstream users; • Testing, including but not limited to, light, leakage, deflection, compaction, and watertight joints; SPECIAL PROVISIONS Page 48 of 67 • Any exploratory excavation, repair work, protection, and slowdown in progress due to encountering a utility which crosses the buried pipes. * Measurement: Measurement for pipes is by the linear foot measured along the flowline for the installed and accepted pipes. • Patent: Payment for the completed and accepted quantities is at the unit bid price per linear foot of pipe for the type, size and material specified. 24-31. Manholes and Inlets: • General: This bid item shall include the installation of various sizes and types of combination manholes and inlets, manholes, curb inlets, outlet structures, sumps, and median inlets associated with the storm drainage and culverts. * Work Included: • All labor,tools,equipment,materials, and incidentals necessary to complete the work as specified; b • Shop drawings; y • Saw cutting, excavation, foundation preparation and compaction, bedding, and backfilling; • Removal and disposal of all material generated from excavation; • Connections to the existing pipes and joints as required; • Furnish and install manholes structure with all required penetrations and slots,precast bases and roof slabs, dry well holes, steps, shelves, frame and cover, grates,joint sealer, adjustment rings and risers, flexible gasket joints,pipe connections, drain rock, fabric, interior drops,joint seals and fast setting hydraulic cement; • Furnish and install all inlets with grates or rims as specified; • Finish grade the drainage leading to inlets and manholes; • Drain Rock; • Testing as specified, including but not limited to light,leakage, deflection, trench and backfill compaction, and joints; • Any exploratory excavation,repair work,protection, and slowdown in progress due to encountering a utility which crosses manholes or inlets. • Measurement: Measurement is per each for the various size manholes and inlets for the installed and accepted item. * Payment: Payment for the completed and accepted quantities is at the unit bid price per each for the type, size and material specified of manholes and inlets. 32. Drainage Geotextile: * General: This bid item includes all material, labor and associated work for furnishing and installing drainage geotextile. • Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Furnish and install drainage geotextile to line the type 2 bedding perimeter as specified, and as directed by the Engineer including all overlaps and keys as necessary. • Measurement: Measurement is at the square yard in place, excluding overlaps. * Payment: Payment for the completed and accepted quantities is at the unit bid price per square yard for Drainage Geotextile. SPECIAL PROVISIONS Page 49 of 67 33. Pipe Bedding Type 2: • General: This bid item shall include furnishing and placing type 2 bedding material in accordance with MPWSS Section 02221 as shown on the Drawings or as directed by the Engineer. • Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Laboratory moisture-density data and field density testing; • Excavation, foundation preparation and compaction; • Removal, haul, and disposal of unsuitable materials being replaced by the bedding; • Any exploratory excavation, repair work, protection, and slowdown in progress due to encountering a utility which crosses the bedding areas; • Bedding material placement, compaction, and cleanup. * Measurement: Measurement for Pipe Bedding Type 2 material is by the cubic yard, complete and accepted in-place as shown in the drawings or as directed by the Engineer. • Payment: Payment for complete, measured, and accepted quantities is at the unit bid price per cubic yard of Pipe Bedding Type 2. 34. Riprap: * General: This bid item shall include furnishing and placing riprap as shown on the Drawings or as directed by the Engineer. • Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Excavation, foundation preparation and compaction; • Removal and disposal of materials being replaced by the riprap; • Riprap placement, keying riprap into slopes, compaction, and cleanup. • Measurement: Measurement for Riprap is by the cubic yard, complete and accepted in-place as the volume bounded by the staked length and height and the plan thickness. * Payment: Payment for complete, measured, and accepted quantities is at the unit bid price per cubic yard of Riprap. 35. Adjust Manhole: • General: This bid item shall include all equipment, labor and associated work to adjust manholes to finished grade by raising or lowering using grade rings or removal and replacement of portions of the cone or barrel sections. • Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Coordinating with respective utility owner; • Saw cutting, excavation, compaction and backfill; • Adjusting and/or sloping manholes to finished grade elevation with grade rings or with removal and replacement of cone or barrel sections; • Making final manhole adjustments before paving; SPECIAL PROVISIONS Page 50 of 67 • Temporary adjustments for construction sequencing and winter shutdown; • Removal and disposal of unsuitable materials replaced by the work. * Measurement: Measurement for Adjust Manhole is per each. * Payment: Payment for the completed and accepted quantities is at the unit bid price per each Adjust Manhole. 36. Adjust Water Valve: * General: This bid item shall include all equipment, labor and associated work for adjusting water valves to finished grade. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Coordinating with City of Bozeman for operations; • Temporary adjustments for construction sequencing and winter shutdown. • Adjusting water valve and curb stops including final adjustments before paving. * Measurement: Measurement for Adjust Water Valves is per each. * Payment: Payment for the completed and accepted quantities is at the unit bid price per each Adjust Water Valve. 37. Remove&Reset Hydrant Assembly: * General: This bid item shall include the removal, salvage, and reinstallation of existing hydrants including connections, extensions, fittings, and valves. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified including conducting testing, disinfection and repairs as required; • Exploratory excavation to determine the exact location, depth, size and type of the existing hydrant lines; • Saw cutting along a neat vertical line and applying an asphalt tack coat; • Trench excavation, bedding, and native backfill, including clearing and grubbing, topsoil stripping and replacement, dewatering, trench support by shoring, and gradation and compaction tests; • Furnish and install necessary extensions to install per bury lines and depths; • Furnish and install all required pipe of the type/size discovered, tees, reducers, tapping sleeves, connections to existing water lines, MJ glands, valve boxes, additional spools, hydrant risers, conduit and tracer wire, couplings, corrosion protection, lubricants, gaskets, caps for line abandonments, thrust blocking, restraints, washed gravel, and other incidentals as necessary to relocate and adjust to finished grade; • Removal and disposal of or salvage existing pipes, valves, valve boxes,hydrants,fittings, or other obstructions; • Any repair work, protection, and slowdown in progress due to making the connection or encountering a utility which crosses the SPECIAL PROVISIONS Page 51 of 67 hydrant line; • Testing, cleaning and disinfection; • Removal and disposal of any excess material generated by the work and cleanup. * Measurement: Measurement is per each hydrant relocation completed. * Payment: Payment is at the unit bid price for each Remove & Reset Hydrant Assembly completed and accepted for a working system. New 6" water line and gate valves for the hydrants are measured and paid separately. 38-40. Water Main DI Class 51: * General: This bid item shall include furnishing and installing new water main pipe of the material and dimensions specified. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified including conducting testing, disinfection and repairs as required; • Temporary water supply as necessary; • Saw cutting along a neat vertical line and applying an asphalt tack coat; • Exploratory excavation to determine the exact location, depth, size and type of the existing mains and crossing utilities; • Trench excavation, clearing and grubbing, topsoil stripping and replacement, trench support by shoring, and gradation and compaction tests; • Furnish and compact all bedding and backfill; • Furnish and install all ductile iron water main pipe at various sizes; • Removal and disposal of or salvage any existing pipes, valves, valve boxes, hydrants, fittings, or other specified obstructions; • Thrust blocking and restraints as required; • Furnish and install all ductile iron fittings (bends, tees, long sleeves, caps, tapping saddles, reducers, etc.), corporation stops, valves, couplings, tracer wire, corrosion protection, lubricants, gaskets, and all other appurtenances not included in other bid items; • Removal and replacement of barriers, such as fences and signs, along the trench alignments; • Grading of trenching; • Any repair work, protection, and slowdown in progress due to making the connection or encountering a utility which crosses the water mains; • Testing, cleaning and disinfection; • Removal and disposal of material generated by the work and cleanup. * Measurement: Measurement for new pipe is by the linear foot of various diameter of new pipe installed. Including the length of all inline valves and fittings. Measurement will be made from centerline to centerline between connections to existing or different sizes or classes of pipe or to the end cap where applicable. The measurement shall be along the centerline of the new pipe and be rounded to the nearest one foot. * Payment: Payment is at the unit bid price per linear foot of each size of new pipe installed and approved. Payment for new pipe is made only after all work in this section is complete, including testing and disinfection. SPECIAL PROVISIONS Page 52 of 67 41-43. Gate Valve: * General: This bid item shall include furnishing and installing new water main valves for each size and type as shown on the drawings. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified including conducting testing, disinfection and repairs as required; • Trench excavation, clearing and grubbing, topsoil stripping and replacement, trench support by shoring, and gradation and compaction tests; • Furnish and compact all bedding and backfill; • Furnish and install all valves, including tapping saddles, thrust restraint, i coated rebar, wrap, valve boxes, valve box lid, corrosion protection, and lubricants; • Removal and disposal of material generated by the work and cleanup. * Measurement: Measurement for new valves is per each for the various sizes installed. * Payment: Payment is at the unit bid price per each size of new valve installed and approved. Payment for valves is made only after all work in this section is complete, including testing and disinfection. E 44. Fire Hydrant Assembly: * General: This bid item is the installation of new fire hydrant assemblies. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified including conducting testing, disinfection and repairs as required; • Trench excavation, clearing and grubbing, topsoil stripping and replacement,trench support by shoring, and gradation/compaction tests; • Furnish and install hydrant assembly, valves, thrust blocking, restraints, washed gravel, couplings, corrosion protection, lubricants, gaskets, auxiliary piping, tees, reducers, tapping sleeves, connections to existing water lines, MJ glands, valve boxes, additional spools, hydrant risers, conduit and tracer wire, and other incidentals as necessary to install and adjust to finished grade; • Furnish and compact bedding and backfill; • Grading of trenching; • Testing, cleaning and disinfection; • Removal and disposal of material generated by the work and cleanup. * Measurement: Measurement is by each new hydrant assembly. * Payment: Payment is at the unit bid price for each Fire Hydrant Assembly completed and accepted for a working system. Payment for will be made only after all work in this section is complete, including testing and disinfection. 45. Flowable Fill: * General: This bid item is furnishing and placing excavatable flowable fill material as shown in the Drawings at utility conflict or crossing areas or as identified by the Engineer. Flowable Fill for electrical work is included in the price of associated electrical items. SPECIAL PROVISIONS Page 53 of 67 * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Providing a mix design for excavatable flowable fill; • Haul, excavation, foundation preparation, placement, backfill; • Placing flowable fill material at utility conflict areas; • Removal and disposal of excavated material; • Any exploratory excavation, repair work, protection, and slowdown in progress sue to encountering any utility conflict; • Clean up. * Measurement: Measurement is the in-place volume per cubic yard. Measurements shall be taken prior to placing flowable fill. * Payment: Payment for the completed and accepted quantities is at the unit bid price per cubic yard. Flowable Fill for electrical work is not paid for and is included in the price of associated electrical items. 46. Rigid Board Insulation: * General: This bid item includes furnishing and placing high density insulation board as shown in the Drawings and as identified by the Engineer. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Trench excavation, disposal of excavated material, compaction; • Furnish and install bedding sand and insulation board; • Cutting and abutting board ends on irregular alignments to provide a neat seam between each board installed; • Backfill and compaction as necessary. * Measurement: Measurement is per square foot of insulation placed. * Payment: Payment for the completed and accepted quantities is at the unit bid price per square foot. 47. Street Excavation(Above Subgrade): * General: This bid item includes clearing, grubbing, excavation, transporting onsite or imported material for embankments, compacting, and disposal of excess material to construct the project to the lines and grades. This bid item also includes all project saw cutting and the removal and disposal of existing concrete sidewalk, curb, asphalt pavement, concrete pavement, and miscellaneous items within the construction limits to be removed, not otherwise identified as a specific bid item. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work; • Utility company coordination to facilitate construction of the project; • Protecting and temporary supports of existing underground, at-grade, and overhead utilities including gas,phone, TV,power, fiber, cable, etc.; • Clearing, grubbing, tree and stump removal within the construction limits or as directed by the Engineer, including haul and disposal of cleared and grubbed materials; SPECIAL PROVISIONS Page 54 of 67 • Removal, haul, and disposal of curbs, sidewalk, pavements, landscaping beds, and decorative rock; • Coordination with the City of Bozeman Forester and protection of existing trees that are not to be disturbed; • Saw cutting for removing existing road items including saw cutting pavement, sidewalk, curb and gutter; • Excavation to construct the roadway, sidewalks, and driveways; Haul or other transportation required to place the onsite or imported • excavated material in embankment and stockpiles to construct the project; • Placing and compacting clean embankment material meeting minimum density specifications at the lines, grades, and elevations required; • Offsite disposal of excess material including haul and waste disposal; ` Ditch and culvert inlet/outlet grading; • Storm drain basin and outfall grading; • Subgrade preparation and compaction; • Dust control; • Final grading and clean up. * Measurement: Measurement for Street Excavation is per cubic yard of plan quantity. Over excavation not authorized by the Engineer, or excavation outside the lines, grades, elevations, and dimensions as shown in the drawings will not be considered for measurement. Any material removed and replaced or wasted for the Contractor's convenience will not be considered for measurement. * Payment: Payment for the completed and accepted quantities is at the unit bid price per cubic yard of Street Excavation(Above Subgrade). 48. Subexcavation and Replacement Below Subgrade(Imported Materials): * General: This bid item includes the subexcavation to a depth determined by the Engineer, disposal of unsuitable material, and replacement with imported material. Geosynthetic is paid separately. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Excavation, haul, and disposal of unsuitable material below proposed subgrade; • Foundation preparation and compaction; • Furnishing,placing, and compacting imported material; • Furnish moisture-density proctors; • Final grading and cleanup. * Measurement: Measurement is per cubic yard by measuring the subexcavated area and computing the volume prior to backfilling,verified by haul tickets. * Pqy ent: Payment for the completed and accepted quantities is at the unit bid price per cubic yard, including the subexcavation and replacement material. 49. Separation Geotextile: * General: This bid item is furnishing and installing separation geotextile at the locations as shown on the Drawings or as directed by the Engineer. * Work Included: SPECIAL PROVISIONS Page 55 of 67 • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Furnish and install separation geotextile fabric on all subgrade areas as shown on the drawings and as directed by the Engineer, including all overlaps and keys as necessary. * Measurement: Measurement is at the square yard in place, not including overlap, keys, or excess fabric. * Pavment: Payment for the completed and accepted quantities is at the unit bid price per square yard for Separation Geotextile. 50. Geosynthetic: * General: This bid item is furnishing and installing geosynthetic at the locations shown on the Drawings or as directed by the Engineer. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Furnish and install geosynthetic as shown on the drawings and as directed by the Engineer. * Measurement: Measurement is at the square yard in place, not including overlap,keys, or excess fabric. * Pavment: Payment for the completed and accepted quantities is at the unit bid price per square yard for Geosynthetic. 51-52. Sub-base Course (3"Minus), Crushed Base Course (1.5"Minus): * General: This bid item is furnishing and compacting base course material of the gradation and specifications as indicated to complete work. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Excavation, crushing, screening and all other work necessary to meet material specifications; • Loading, haul or other transportation required to place the material on-site to construct the project; • Furnish moisture-density proctors; Place the material meeting minimum density specifications at the locations, depths, lines, grades and elevations required; • Providing water for compaction and dust control; * Measurement: Measurement is per cubic yard, complete and accepted in- place. * Payment: Payment for accepted quantities is at the unit bid price per cubic yard for each specified gradation. 53. Asphalt Concrete Pavement, PG 58-28: * General: This bid item includes providing and placing the bituminous surface course of specified thickness, lifts, and area. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Excavation, crushing, screening and all other work necessary to meet SPECIAL PROVISIONS Page 56 of 67 material specifications; • Loading,haul or other transportation required to place the material; • Place the material meeting minimum density specifications at the locations, depths, lines, grades and elevations; • Provide aggregate production control testing and project specific mix- design of the product; • Provide all bituminous material (PG 58-28) and tack coat (between lifts), to complete the work in accordance to the mix-design and specifications; • Furnishing, loading, hauling, handling, measuring, mixing, manipulation, placing, shaping, compacting,rolling, finishing and testing of materials for the original installation; • Removal of newly placed pavement, furnishing, loading, hauling, handling, measuring, mixing, manipulation, placing, compacting, rolling, finishing and testing of materials for improving unsatisfactory areas. • Provide refinery certifications of the bituminous product; • Weighing each truck load of material at a certified scale; • Producing weight tickets for the Engineer's records for each load; • Removal and disposal of any wasted bituminous materials. * Measurement: Measurement is by the tons placed of specified bituminous surface course for the completed and accepted work as measured at the certified batch plant scale,measured prior to site delivery. * Payment: Payment is at the unit bid price per ton of Asphalt Concrete Pavement,PG 58-28. 54. Portland Cement Concrete Pavement 9"Thick: * General: This bid item is providing and placing reinforced Portland Cement Concrete Pavement of specified thickness at the Post Office driveway. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Provide project specific mix design; • Excavation, crushing, screening, and all other work necessary to meet material specifications; • Provide all materials required to complete the work in accordance to the mix design and specifications, including cement, admixtures, curing compounds, seal,joint sealant,reinforcement, aggregates; • Loading haul or other transportation required to place the material; • Providing all materials and labor to perform any cold/hot weather and high early strength opening concreting procedures; • Providing grade control and form work,including to meet ADA standards; • Providing and placing reinforcing steel and dowels in the new pavement, including drilling and connecting reinforcement to the existing pavement; • Installing the integral 9" thick curb and gutter adjacent to the P.C.C.P., and fillets and gutters; • Furnishing and installing necessary jointing materials; • Place, shape, compact, fmish, seal, and cure the concrete meeting the specifications at the locations, depths, lines, grades, and elevations required to construct the driveway including 9" thick integral curb SPECIAL PROVISIONS Page 57 of 67 constructed monolithically at the driveway; • Saw cutting for jointing; • Removal and disposal of excess or wasted materials including concrete, steel, and aggregate; • Removal, disposal, repair, and replacement of defective or deficient concrete pavement section as determined by the Engineer. * Measurement: Measurement is by the square yard complete and in place. * Payment: Payment is at the unit bid price per square yard of Portland Cement Concrete Pavement 9" Thick. Payment is made only after all work in this section is complete with final concrete strength testing. 55. Asphalt Seal and Chip Coat: * General: This bid item is providing and placing bituminous material covered with aggregate over the specified area. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Surface preparation and cleaning; • Stockpiling materials; • Protection of all inlets, sign posts, luminaires, signals, trees, shrubs, tops of curb and gutters from splashing bituminous material and aggregates; • Provide all bituminous material, aggregate,building paper as required; • Furnishing, loading, hauling, handling, measuring, mixing, spreading, spraying, placing, compacting, rolling, sweeping, brooming, finishing and testing of materials; • Provide refinery certifications of the bituminous product; • Removal and disposal of loose or wasted aggregate and bituminous materials; • Cleaning gutters. * Measurement: Measurement is by the square yard placed. * Payment: Payment is at the unit bid price per square yard of Asphalt Seal and Chip Coat. 56. Concrete Sidewalk 6" Thick(With 3" Thick Gravel Base): * General: This item includes construction of 6" concrete sidewalks, A.D.A. ramps, and driveways with 3"thick base course gravels. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Excavation, shaping and compaction of underlying subgrade; • Furnish,place, shape, and compact sidewalk base course gravels to achieve proper sidewalk lines, grades and elevations; • Furnish,place and strip form work; • Furnish and place cast-in-place Portland Cement Concrete with Fibermesh reinforcement for sidewalks and A.D.A. ramps meeting the lines, grades, and thicknesses shown on the drawings; • Furnish and place all reinforcing steel, dowels, Fibermesh,joint material, finishing, curing, coating and other materials as necessary; SPECIAL PROVISIONS Page 58 of 67 • Construct all connections to existing concrete sidewalks and driveways, including drilling and doweling into the existing concrete features; • Provide saw cutting and broom finish as specified; • Provide all materials and labor to perform any hot/cold weather concreting procedures. * Measurement: Measurement is per square yard of concrete placed including ADA ramps. i * Payment: Payment is at the unit bid price per square yard of concrete placed including base gravels and A.D.A. ramps. Payment for this item will be made after the work has been completed and accepted, and verified by the Engineer to meet A.D.A. requirements. Detectable warning panels are paid separately. 57. Detectable WarningPanels: anels: * General: This item includes furnishing and installing A.D.A. Detectable Warning Panels in the concrete sidewalk ramps as shown on the Drawings. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; * Measurement: Measurement is per square yard placed. * Payment: Payment is at the unit bid price per square yard of warning surface installed and accepted, verified by the Engineer to meet A.D.A. requirements. Concrete sidewalk and base gravels under the detectable warning panels are i paid separately under Concrete Sidewalk. 58-59. Concrete Curb and Gutter/Concrete Double Gutter * General: This bid item includes the installation of curb and gutter to the dimensions and at the locations shown on the Drawings, including standard curb and gutter, spill curb and gutter, laydown curb and gutter, curb and gutter transitions, double gutter,terminals, and 9"thick curb and gutter. * Work Included: • All labor,tools, equipment,materials, and incidentals necessary to complete the work as specified; • Furnish and install all reinforcement,doweling, and supports; • Forming and preparing existing concrete in contact with pours; • Furnish,place, finish, and cure the concrete; • Install all laydown curb and gutter for driveways and A.D.A. ramps, standard curb and gutter, double gutter, spill curb and gutter, terminal sections, and 9"thick curb and gutters; • Furnish and install pre-molded mastic material for expansion joints, contraction joints, and other necessary jointing; j • Strip and remove forming; • Resetting of existing storm drain inlet grates and frames with concrete aprons and rebar; • Provide all materials and labor for any cold/hot weather concreting. * Measurement: Measurement for Concrete Curb and Gutter is per linear foot of curb and gutter installed, measured along the top back of the curb. Measurement for Concrete Double Gutter is per square foot installed. * Payment: Payment for Concrete Curb and Gutter is at the unit bid price per linear foot of curb and gutter placed and accepted, verified by the Engineer to SPECIAL PROVISIONS Page 59 of 67 meet A.D.A. requirements. Payment for Concrete Double Gutter is at the unit bid price per square foot of gutter placed and accepted. 60. Remove &New Mailbox: * General: This item includes removing existing mailboxes and the installation of new mailboxes at the locations shown on the drawings. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Temporary installation of mailboxes for uninterrupted postal seivice; • Removal and disposal of existing mailboxes, posts, and foundations; • Furnish and install new mailbox, post, concrete foundation, mounting brackets, and other miscellaneous items as necessary. * Measurement: Measurement is per each mailbox. * Payment: Payment is at the unit bid price per each Remove &New Mailbox. 61. Monument Box: * General: This item includes furnishing and installing monument boxes using a Professional Land Surveyor, at the locations shown on the drawings. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Furnish and install monument box; • Setting and marking the monument point dictated by monument records by a State of Montana Professional Land Surveyor. * Measurement: Measurement is per each monument box. * Payment: Payment is at the unit bid price per each Monument Box installed. 62. Buried Electrical(Foundation, Conduit, Boring, Pull Box, Cable, Wire, Conductor): * General: This item includes furnishing and installing buried electrical items for the corridor lighting and traffic signals, at the locations shown on the drawings. This item includes concrete for foundations, conduits, composite type pull boxes, copper cable of various sizes, copper conductors of various sizes, jack or directional boring, trench excavation, trench backfill including flowable fill, compaction, re-vegetation, and clean-up. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Clearing, grubbing, strip and salvage topsoil, saw cutting, trench excavation, trench shoring, backfilling, flowable fill for crossings and backfill, trench patching with replacement of asphalt, gravels or concrete along the trenching, final grading, topsoil replacement, seeding and sodding replacement, and final cleanup; • Furnishing and installing conduits of the material type and size shown on the Drawings, including caps,markers, elbows, and fittings as necessary; • Jacked and directional borings; • Sono-tube or foundation excavation, furnishing and placing foundation concrete and rebar, curing; • Furnishing and installing composite pull boxes and lids of the type and SPECIAL PROVISIONS Page 60 of 67 size shown on the Drawings including foundation soils preparation and compaction, and connection of conduits; • Furnishing and installing copper cable, copper conductors, and radar detection cable of the size and type shown on the Drawings; • Wiring and connections, including connections to existing. * Measurement: Measurement is per one lump sum. * Pavment: Payment is at the unit bid price per lump sum of Buried Electrical installed and accepted. 63. Colored Luminaire Standard: * General: This item includes furnishing and installing street lighting luminaires, at the locations shown on the drawings. * Work Included: ` • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Furnish and install street luminaire, mast arm, wiring, connections, grounding, mounting hardware, accessories, and all appurtenances for a complete and working street lighting system; • Factory paint or powder coating. * Measurement: Measurement is per each colored luminaire. * Pavment: Payment is at the unit bid price per each Colored Luminaire Standard installed and accepted. 64. Colored LED Assembly(Signal &Luminaire): * General: This item includes furnishing and installing signal and luminaire mounted colored Cobra LED assemblies, at the locations on the Drawings. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work; • Furnish and install LED assembly, wiring, connections, grounding, mounting hardware, accessories, and all appurtenances for a complete and working lighting system; • Factory paint or powder coating. * Measurement: Measurement is per each LED assembly. * Payment: Payment is at the unit bid price per each Colored Cobra LED Assembly installed and accepted. 65. Service Assembly(30 AMP &60 AMP): * General: This item includes new service assemblies for the signal and sheet lighting, of the type and at the locations shown on the drawings. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Furnish, install, and wire the new service assemblies including all appurtenances and connections for a complete and working service; • Power connection and coordination with Northwestern Energy; • Furnish and install new photo electric controls; • Furnish and install NEMA Type 3R cabinets with a hinged lockable door, terminal strip,wiring and connections; SPECIAL PROVISIONS Page 61 of 67 • Any exploratory excavation, repair work, protection, flowable fill, and slowdown in progress due to encountering any utility crossing the service; * Measurement: Measurement is per each type of new assembly. * Pam: Payment is at the unit bid price per each type of Service Assembly installed and accepted. 66. Signal Indication(Traffic &Pedestrian): * General: This item includes furnishing and installing new traffic and pedestrian signal indications to the type and at the locations on the Drawings. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Furnishing and installing new traffic signal indications with yellow back plates to the type shown on the drawings including LED optical units, signal housing, mounting brackets, and all appurtenances as necessary for a complete and working system; • Furnishing and installing new pedestrian signal indications to the type shown on the drawings including LED optical units, signal housing, mounting brackets, and all appurtenances as necessary for a complete and working system. * Measurement: Measurement is per each signal indication. * Payment: Payment is at the unit bid price per each Signal Indication installed and accepted. 67. Controller, Cabinet& Concrete Pedestal: * General: This item includes furnishing and installing the new controller, cabinet, and concrete foundation pedestal, at the location on the Drawings. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Furnishing and installing new cabinet foundation pedestal including concrete and reinforcing; • Clearing, grubbing, stripping topsoil, excavation, preparation and compaction of subsurface soils and foundation gravels, form work, concrete and reinforcement, and curing; • Furnishing, installing, wiring, and testing the controller system and all appurtenances as necessary for a complete and working system; • Coordination with Montana Department of Transportation, City of Bozeman, and manufacturer as necessary; • Any exploratory excavation, repair work, protection, flowable fill, and slowdown in progress due to encountering any utility crossing. * Measurement: Measurement is per each controller and cabinet system. * Payment: Payment is at the unit bid price per each Controller, Cabinet & Concrete Pedestal system installed and accepted. 68. Colored Signal Standard(Traffic &Pedestrian): * General: This item includes furnishing and installing pedestrian signal standards, to the type and at the locations shown on the Drawings. * Work Included: SPECIAL PROVISIONS Page 62 of 67 i i • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Furnish, install, and wire new traffic signal standards MDT Types 2 & 3 and pedestrian signal standards MDT Type 1; • Rain tight metal covers, bases, wiring, mounting, anchor bolts, hardware, accessories, and all appurtenances for a complete and working system; • Factory paint or powder coating; • Any exploratory excavation, repair work, protection, flowable fill, and slowdown in progress due to encountering any utility crossing. * Measurement: Measurement is per each colored signal standard. * Payment: Payment is at the unit bid price per each Colored Signal Standard, for traffic and pedestrian types, installed and accepted. 69. Radar Detector: * General: This item includes furnishing and installing the radar detection system at the locations shown on the Drawings. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Furnish, install, wire, test, and adjust new radar detection systems, and include all appurtenances for a complete and working system; • Coordination with manufacturer representative as necessary. * Measurement: Measurement is per each radar detector. * Patent: Payment is at the unit bid price per each Radar Detector installed and accepted for a complete and working system. 70. Push Button/Pedestrian-Tactile: * General: This item includes furnishing and installing tactile pedestrian push button systems,to the type and at the locations shown on the Drawings. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Furnish, install, program, and wire new tactile and audible with voice messaging pedestrian push buttons meeting ADA requirements including housing, housing back plate to fit the pole curvature, saddles when necessary, mounting, and all appurtenances for a complete system. * Measurement: Measurement is per each pedestrian push button. • Patent: Payment is at the unit bid price per each Push Button/Pedestrian— Tactile installed and accepted for a complete and working system. 71. Yagi Antenna: * General: This item includes furnishing and installing new yagi antenna at the location shown on the Drawings. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Furnish, install, and wire new yagi antenna including all appurtenances for a complete and working system. * Measurement: Measurement is per each antenna. SPECIAL PROVISIONS Page 63 of 67 * Payment: Payment is at the unit bid price per each Yagi Antenna installed and accepted for a complete and working system. 72. Remove, Salvage &Reset Electrical: * General: This item includes removing and salvaging existing luminaires, and removing and resetting existing luminaires, as shown on the Drawings. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified as shown on the drawings; • Clearing, grubbing, stripping and salvaging topsoil, saw cutting, trench excavation, trench shoring, backfilling, flowable fill for crossings and backfill, trench patching with replacement of asphalt, gravels or concrete along the trenching, final grading, topsoil replacement, seeding and sodding replacement, and final cleanup; • Removing, salvaging, transport, and delivery to the respective owner of removed various electrical items; • Sono-tube or foundation excavation, furnishing and placing concrete foundations and rebar, curing foundation concrete; • Furnishing and installing wiring and conduits to match existing material type and size as necessary for a working system, including caps, markers, elbows, fittings, connections to existing, new pull boxes, rewiring as necessary; • Coordination with the City of Bozeman and private landowners as necessary; • Excavation and disposal of foundations and electrical items as necessary; • Any exploratory excavation, repair work, protection, flowable fill, and slowdown in progress due to encountering any utility crossing the work. * Measurement: Measurement is per one lump sum. * Payment: Payment is at the unit bid price per lump sum of Remove, Salvage &Reset Electrical installed and accepted for complete and working systems. 73. Remove &Reset Decorative Sign: * General: This item includes removing and resetting the decorative sign at the Post Office on a new foundation, and any necessary electrical adjustments. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Clearing, grubbing, stripping and salvaging topsoil, excavation, backfilling, compaction, final grading, topsoil replacement, seeding and sodding replacement, and final cleanup at removal and installation sites; • Foundation excavation, furnishing and placing concrete foundations and rebar, curing foundation concrete; • Furnishing, installing, and mounting reset sign, foundations, connections, mounting hardware, any electrical wiring; • Removing and disposing of non-salvageable items; • Any exploratory excavation, repair work, protection, flowable fill, and slowdown in progress due to encountering any utility crossing the work. * Measurement: Measurement is per one each. SPECIAL PROVISIONS Page 64 of 67 * Payment: Payment is at the unit bid price per each of Remove & Reset Decorative Sign installed and accepted. 74. Signing: * General: This item includes furnishing and installing new signs, removing signs and delineators, reusing signs, concrete barrier rail, and new delineators at the locations shown on the Drawings. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Clearing, grubbing, stripping and salvaging topsoil, excavation, backfilling, compaction, final grading, topsoil replacement, seeding and sodding replacement, and final cleanup at signing work sites; c • Foundation excavation, furnishing and placing concrete foundations and rebar, curing foundation concrete; • Furnishing, installing, and mounting new signs, foundations, posts, breakaway devices, and mounting hardware for posts, luminaires, and mast arms; • Removing, disposing, salvaging, and transporting existing signs and delineators to the City shop or a disposal site; • Reusing signs including removing and salvaging signs, furnishing and installing a new foundation and post, and mounting hardware; • Furnishing and installing new delineators; • Furnishing and installing new concrete barrier rail; • Any exploratory excavation, repair work, protection, flowable fill, and slowdown in progress due to encountering any utility crossing the work. * Measurement: Measurement is per one lump sum. * Payment: Payment is at the unit bid price per lump sum for Signing items of accepted work. 75. Pavement Markings: * General: This item includes furnishing and installing new pavement markings including thermoplastic, epoxy, and words and symbols at the locations shown on the Drawing in a single, final application. This work also includes the removal of existing pavement markings located outside chip seal areas. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Pre-application surface preparation including sweeping, cleaning, grinding, and all work necessary to prepare the surface; • Furnishing and installing new thermoplastic and epoxy pavement markings to the specified color and style including words and symbols; • Removal of existing pavement markings. * Measurement: Measurement is per one lump sum. * Payment: Payment is at the unit bid price per lump sum of Pavement Markings installed and accepted. SPECIAL PROVISIONS Page 65 of 67 76. Temporary Pavement Markings: * General: This item includes furnishing and installing temporary pavement markings for winter shutdown, if necessary. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Pre-application surface preparation including sweeping, cleaning, and all work necessary to prepare the surface to place the markings; • Furnishing and installing temporary markings to the specified color and style including words and symbols; • Removal of temporary markings. * Measurement: Measurement is per lump sum. * Payment: Payment is at the unit bid price per lump sum of Temporary Pavement Markings installed and accepted. 77. Seeding, Fertilizer & Compost: * General: This item includes seeding, fertilizing, Placing compost at all disturbed areas, watering seedbeds, and weed control. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Preparing areas for seeding and smooth grading over topsoiled slopes; • Furnishing and placing certified weed-free seeding and fertilizer; • Drill seed 3H:1V slopes or flatter and hydraulic seed all slopes steeper than 311:1V; • Furnishing and placing compost; • Coordination of seed and topsoil placement with installation or relocation of sprinkler systems and electrical systems; • Weed control; • Watering placed seedbed until final stabilization is obtained. * Measurement: Measurement is per lump sum. * Payment: Payment is at the unit bid price per lump sum of Seeding, Fertilizer &Compost. 78. Adjust Sprinkler System: * General: This bid item shall include the adjustment or relocation of lawn irrigation sprinkler systems in conflict with the work of this Contract. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; • Coordination with the irrigation system owner and Engineer, prior to and during all work; • Identify and locate irrigation heads and subsurface components to be relocated; • Temporarily shutting down water flow to complete the work; • Expose all fixtures to be relocated; • All trenching for relocated components; • Removing, relocating, or adjusting sprinkler irrigation system components SPECIAL PROVISIONS Page 66 of 67 to a location not in conflict with the proposed work; • Supplying and installing new heads, components, and all other items needed to complete an operational irrigation system; • Backfilling,topsoiling, seeding disturbed areas of work; • Leak testing and final operational adjustments to provide adequate head- to-head irrigation coverage; • Provide all equipment, tools and materials for conducting all testing and repairs required; • Remove and dispose of all materials removed that are not to be salvaged. * Measurement: Measurement shall be per each system adjusted as determined by the Engineer. * Payment: Payment for the completed and accepted quantities will be at the unit price bid per each Adjust Sprinkler System. 79. Imported Trench Backfill * General: This bid item shall include providing and placing of imported trench backfill material as approved by the Engineer. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Excavation, screening and all other work necessary to meet material { specifications; • Loading,haul or other transportation required to place the materials; r • Place and compact the material to meet minimum density specifications at the locations, depths, lines, and grades required to construct the project; • Removal,haul, and disposal of excavated unsuitable materials; • Furnishing and placing water for compaction and dust control. * Measurement: Measurement for import trench backfill material will be by the cubic yard, complete and accepted in-place and verified with haul ticket documentation. * Payment: Payment will be made for complete, measured, and accepted quantities at the contract unit price bid per cubic yard. SPECIAL PROVISIONS Page 67 of 67 TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATIONS Incorporation of Montana Public Works (MPW) Technical Specifications: The Technical Specifications as found in Montana Public Works Standard Specifications (MPWSS), Sixth Edition, April 2010, and all subsequent addendum, are incorporated by reference and made a part of this Contract. Incorporation of Montana Department of Transportation Technical Specifications: The Technical Specifications contained in the Montana Department of Transportation (MDT) Standard Specifications for Road and Bridge Construction, 2014 Edition, and all subsequent Supplemental Specifications are incorporated by reference and made a part of this Contract. Specific applicable sections are referenced in the Contract Documents and supersede MPWSS requirements and COB Modifications and Additions to the MPWSS. Incorporation of City of Bozeman Modifications and Additions to MPWSS: The following modifications and additions by the City of Bozeman (COB) to the MPWSS Technical Specifications and Standard Drawings,including all addendum, supersede MPWSS requirements: Section 01500 Construction and Temporary Facilities Section 01570 Construction Traffic Control Section 01580 Temporary Water Supply Section 01700 Contract Closeout Section 02112 Removal of Existing Pavement, Concrete Curb,Sidewalk, Driveway and/or Structures Section 02113 Adjusting Existing Manholes, Lampholes, Inlets, Water Valve Boxes, Water Services And Fire Hydrants To Grade Section 02221 Trench Excavation And Backfill For Pipelines And Appurtenant Structures Section 02235 Crushed Base Course Section 02502 Asphalt Prime And/Or Tack Coat Section 02504 Asphalt Seal Coat Section 02510 Asphalt Concrete Pavement Section 02528 Concrete Curb And Gutter Section 02529 Concrete Sidewalks, Driveways, Approaches, Curb Turn Fillets, Valley Gutters And Miscellaneous New Concrete Construction Pavement Section 02581 Markings and Markers Section 02582 Reflective Thermoplastic Pavement Markings Section 02660 Water Distribution System Section 02720 Storm Drain Systems Section 02730 Sanitary Sewer Collection Systems Section 09810 Street Signs Appendix A Listing and Status of MPWSS Standard Drawings Appendix B Listing of City of Bozeman Standard Drawings Appendix C Standard Drawings for City of Bozeman Modifications to MPWSS Appendix D City of Bozeman Approved List of Copper Connectors NOTE: MEASUREMENT AND PAYMENT INCLUDED IN THE MPWSS AND TECHNICAL SPECIFICATIONS ARE SUPERSEDED BY THE SPECIAL PROVISIONS OF THE CONTRACT. TECHNICAL SPECIFICATIONS Page lof 1 9 r f 1 Bo2�� CITY OF BOZEMAN MODIFICATIONS TO MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS SIXTH EDITION PREPARED BY CITY OF BOZEMAN ENGINEERING DEPARTMENT Approved March 31, 2011 Authorized by Ordinance No. 1611, April 5, 2004 Including Addendum No. 1 Approved 8/26/13 Including Addendum No. 2 Approved 4/20/15 Including Addendum No. 3 Approved 8/1/2017 FOREWORD Because the City of Bozeman has unique requirements which are not addressed in the "Montana Public Works Standard Specifications"(MPWSS),Sixth Edition,April,2010,the "City ofBozeman Modifications To Montana Public Works Standard Specifications"was created. This document addresses those specific requirements which the City of Bozeman has pertaining to Public Works projects which are not addressed in the MPWSS. All Public Works projects for the City of Bozeman shall be done in accordance with MPWSS and City of Bozeman Modifications to MPWSS. Where a City of Bozeman modification to MPWSS does not exist for a particular Section of MPWSS it shall be assumed the work is to be completed in accordance with the appropriate MPWSS Section. When a City of Bozeman modification to the MPWSS does exist the requirements of that modification supersede the related MPWSS requirement. The same holds true for City of Bozeman Standard Drawings; however, there are some City of Bozeman Standard Drawings which do not replace or supersede the MPWSS Standard Drawing but are additional drawings created specifically for the City of Bozeman. Each Section of the MPWSS that has been modified is listed in the Table of Contents of the "City of Bozeman Modifications To Montana Public Works Standard Specifications." The entire Section from the MPWSS has not been rewritten for these modifications. Instead, modifications are indicated for a specific subsection,paragraph, sentence or drawing. Appendix A of these modifications contains a list of MPWSS Standard Drawings followed by "Deleted", "Replaced", or "Active". "Deleted" indicates that the drawing is not to be used. "Replaced" indicates that the drawing has been replaced by a City of Bozeman Standard Drawing and"Active"means that the drawing is useable as shown in MPWSS. Appendix B contains a list of City of Bozeman Standard Drawings. It is the intent of the City of Bozeman to revise this document on an as-needed basis. Written comments on the "City of Bozeman Modifications To Montana Public Works Standard Specifications"may be submitted to the City Engineer. A form for submitting suggested changes can be found in Appendix E. Additional copies of the City of Bozeman Modifications to Montana Public Works Standard Specifications may be obtained from the office of the City Engineer located at 20 E. Olive Street in Bozeman, Montana. WARD COBMODS 6"Edition Page 1 of 1 FORE TABLE OF CONTENTS BIDDING REQUIREMENTS CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Instructions To Bidders Form Special Provisions DIVISION 1 - GENERAL REQUIREMENTS Section 01500 Construction and Temporary Facilities Section 01570 Construction Traffic Control Section 01580 Temporary Water Supply Section 01700 Contract Closeout DIVISION 2— SITEWORK Section 02112 Removal of Existing Pavement,Concrete Curb, Sidewalk,Driveway and/or Structures Section 02113 Adjusting Existing Manholes, Lampholes, Inlets, Water Valve Boxes, Water Services And Fire Hydrants To Grade Section 02221 Trench Excavation And Backfill For Pipelines And Appurtenant Structures Section 02234 Sub Base Course Section 02235 Crushed Base Course Section 02502 Asphalt Prime And/Or Tack Coat Section 02504 Asphalt Seal Coat Section 02510 Asphalt Concrete Pavement Section 02528 Concrete Curb And Gutter Section 02529 Concrete Sidewalks, Driveways, Approaches, Curb Turn Fillets, Valley Gutters And Miscellaneous New Concrete Construction Section 02581 Pavement Markings and Markers Section 02582 Reflective Thermoplastic Pavement Markings Section 02660 Water Distribution System Section 02720 Storm Drain Systems Section 02730 Sanitary Sewer Collection Systems Section 09810 Street Signs APPENDIX A Listing of Status of MPWSS Standard Drawings APPENDIX B Listing of City of Bozeman Standard Drawings APPENDIX C Standard Drawings for City of Bozeman Modifications to MPWSS Sixth Edition APPENDIX D City of Bozeman Approved List of Copper Connectors COBMODS 6'Edition Page I of I TABLE OF CONTENTS SECTION 01500 CONSTRUCTION AND TEMPORARY FACILITIES 1.4 Revise this section as follows: Be responsible for dust and vehicle off-tracking control, providing all equipment and personnel for the work.Furnish Engineer name(s)and telephone numbers) of the person(s) responsible for dust and vehicle off-tracking control during evenings and weekends. If the person cannot be contacted,Owner or City of Bozeman may, at Contractor expense, perform the work or contract the work out. Assure all storm water pollution prevention permits are approved, and any required erosion control devices are in place before beginning any land disturbance. COBMODS 6'Edition Page 1 of I SECTION 01500 Addendum 3 SECTION 01570 CONSTRUCTION TRAFFIC CONTROL 1.3 NOTIFICATIONS Add the following: D. Notify police department,fire department,ambulance services,and bus companies of any planned street closures a minimum of 24 hours before closing any street. Add the following section: 1.4 STANDARD DRAWINGS Refer to the following Standard Drawings in Appendix C: City of Bozeman Standard Drawing No. 01570-1, Traffic Control, Minimum Standard,Urban Work Site, 4 Lane Road, Work Site Closing One Lane City of Bozeman Standard Drawing No. 01570-2, Traffic Control, Minimum Standard, Urban Work Site, 2 Lane Road,Work Site On Centerline City of Bozeman Standard Drawing No. 01570-3, Traffic control, Minimum Standard, Urban Work Site, 4 Lane Road, Work Site On Centerline Partially Blocking Inside Lanes City of Bozeman Standard Drawing No. 01570-4, Traffic Control, Minimum Standard,Urban Work Site,2 Lane Road, 1 Lane Partially or Fully Closed By Work Area City of Bozeman Standard Drawing No. 01570-5, Traffic Control, Minimum Standard, Rural Work Site, Work Adjacent to The Present Traveled Way City of Bozeman Standard Drawing No. 01570-6, Traffic Control, Minimum Standard, Rural Work Site,Utility Work On or Across the Present Traveled Way City of Bozeman Standard Drawing No. 01570-7, Pedestrian Traffic Control for Temporary Sidewalk Closure City of Bozeman Standard Drawing No. 01570-8, Sidewalk Closure with Detour 4.1 PAYMENT Add the following section: D. Measurement and payment for Construction Traffic Control will be made only if listed as a separate item in the bid documents. If not listed in the contract as a bid item, Construction Traffic Control shall be considered an incidental cost to be included in other items in the contract requiring Traffic Control to complete that item. COBMODS 6'Edition Page I of I SECTION 01570 SECTION 01580 TEMPORARY WATER SUPPLY 1.1 DESCRIPTION A. Replace this section with: Provide temporary water service to all residential and commercial service connections interrupted by water system replacement or extension projects.The Contractor shall verify with the Engineer and Owner at least 72 hours(excluding weekends and holidays)prior to the suspension of service to the areas where consumers will require a temporary water supply. Temporary water service shall include temporary service for commercial or residential fire protection unless otherwise approved by the City of Bozeman Fire Department. 3.1 GENERAL D. Replace this section with: Fire protection is included unless specifically approved otherwise by the City of Bozeman Fire Department. The Fire Department may require the Contractor to provide personnel for continuous "fire watch" in lieu of temporary fire service connections. 3.2 LOCATING CURB STOPS A. Replace this section with: The Contractor shall be solely responsible for all activities related to locating and exposing curb stop valves to the individual properties. Curb stop valves shall only be operated by Water Department personnel. Existing conditions shall be identified and noted by the Contractor. Any existing condition that is suspected to indicate a defect of the curb stop valve,box,or service shall be reported immediately to the Engineer. 3.3 LAWN WATERING CONNECTIONS A. Replace this section with: Each house connection shall be equipped with a wye or splitter with a valve to allow for lawn watering.Plastic fittings are not permitted.The connection to each customer shall require a short section of high-pressure flexible rubber hose at the connection point.House-to-house connections are not permitted. All connections shall be from the approved temporary water system. Additionally, each service must have a backflow prevention fitting. COBMODS 6TH Edition Page 1 of 1 Section 01580 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANUP Add the following requirement: B. Contractor shall provide personnel to remove utility covers for any required pre- paving, final, or warranty inspections. 1.4 WARRANTIES AND BONDS Add the following requirement: B. Prior to acceptance of the publicly maintained infrastructure, the Contractor shall post a Maintenance Bond with the Owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found within the two-year warranty period.The City of Bozeman shall be named as a dual oblige on the bond. The City of Bozeman expressly reserves the right to draft the Maintenance Bond for repairs not completed by the Property Owner,Developer, or Contractor within thirty calendar days of being advised that repairs are required. The Commencement Date for the Maintenance Bond shall be the date of acceptance by the City of Bozeman on the Certificate of Completion and Acceptance. The Maintenance Bond shall remain in full force for the two-year period following this date,however if the expiration date of the Maintenance Bond falls after November 16, the expiration date of the Maintenance Bond shall be June 30 of the following year.Maintenance Bonds may be in the form of a Surety Bond or a Certified Check. COBMODS 6'Edition Page 1 of 1 SECTION 01700 Addendum 2 SECTION 02112 REMOVAL OF EXISTING PAVEMENT, CONCRETE CURB, SIDEWALK, DRIVEWAY AND/OR STRUCTURES 3.1 GENERAL Add the following section: D. Exercise care in removal of existing tree roots that conflict with the work. Tree roots shall be removed by sawcutting the roots to a neat line at the extent of the ( excavation. Remove only the minimum amount of roots necessary in order to ( complete the work. t ( `l r<. COBMODS 6'Edition Page I of 1 SECTION 02112 C SECTION 02221 TRENCH EXCAVATION AND BACKFILL FOR PIPELINES &APPURTENANT STRUCTURES 2.1 PIPE BEDDING MATERIALS A. TYPE 1 PIPE BEDDING 2. Modify this section as follows: Provide Type 1 Bedding consisting of imported sand,sandy gravel,or fine gravel having a maximum 3/4 inch size and a maximum plasticity index of 6,determined by AASHTO T89 and T90 or by ASTM D4318. 2.3 FLOWABLE FILL A. If used,Flowable Fill is to meet the requirements of Section 2225,Flowable Fill. Add the following: 1. Flowable fill is required for trench excavations in streets that are designated as arterial or collector unless alternative backfill has been approved by the City Engineer. 3.1 PROTECTION OF EXISTING PROPERTIES A. General 1. Add the following: Replace any tree, bush, hedge, planter or similar vegetation or landscaping damaged during the course of the work with a planting equal to that damaged in kind, size, and location. The contract warranty period for performance applies also to the instances described herein. 4. Modify this section as follows: Do not cut and replace existing services from the mains to private property which interfere with trenching operations unless the work has been specifically approved by the City of Bozeman Water/Sewer Department. If approved, the cost for this work will be the responsibility of the CONTRACTOR. Do not interrupt water service for more than four hours. Install a temporary service connection approved by the City of Bozeman Water Department if service is interrupted for a longer period. Protect temporary services from freezing or interruptions of use during the construction period. COBMODS 6'Edition Page I of 2 SECTION 02221 Addendum 2 3.6 TRENCH FILLING AND BACKFILLING C. Trench Backfill 4. Watering C. Add the following requirements: Water from the City of Bozeman's municipal system may only be obtained from the metered service located at the Vehicle Maintenance Facility, 1814 N. Rouse Ave. The Contractor shall reimburse the City Water Department for the cost of the water used at a rate determined by the Water Department. D. Replacement of Unsuitable Backfill Material 1. Modify this section as follows: Remove and dispose of excavated soils that are saturated and cannot be readily conditioned or dried to be made suitable, contain deleterious materials or have characteristics that,in the opinion of the ENGINEER, render the soils unsuitable as backfill. Add the following: G. Quality Assurance Testing 1. Compaction testing frequency and location. a. Compaction testing shall be done on each lift of backfill material. b. Trench backfill tests shall be done within the first 100 feet of a mainline trench operation and at no more than 200-foot intervals thereafter. C. All service lateral trench backfills shall be tested. d. Compaction testing around all manholes and valve boxes shall be done independently of the main line. e. Testing shall be done by the project Engineer. COBMODS 6'h Edition Page 2 of 2 SECTION 02221 Addendum 2 SECTION 02234 SUB BASE COURSE PART 2 PRODUCTS 2.1 GENERAL A. Add the following: Limit use of recycled concrete and/or asphalt in the sub base course to a maximum of 50% by weight. Recycled material shall be mechanically blended to assure thorough mixing. COBMODS 6'Edition Page I of I SECTION 02234 SECTION 02502 ASPHALT PRIME AND/OR TACK COAT PART 2 PRODUCTS 2.1 GENERAL A. Unless otherwise specified in the contract documents, do not use type SS-lh emulsified asphalt. COBMODS 6°i Edition Page I of I SECTION 02502 SECTION 02504 ASPHALT SEAL COAT 3.2 CONSTRUCTION METHODS B. Weather Limitations Add the following requirements: 2. Do not perform seal coat work if the local radio weather forecast includes a probability of precipitation greater than 45%within the intended schedule of operations for the day. Regardless of the weather forecast, seal coat work may be suspended if impending adverse weather conditions occur in the vicinity of the work. D. Application of Asphalt Material Add the following requirements: 7. Building paper shall be applied to the surface of any street drain inlet,water valve box, manhole cover, monument box, or other similar item, prior to beginning asphalt application on the street. For any such item not adequately covered by paper, the Contractor must re-open or clean as necessary any asphalt to the satisfaction of the City Engineer prior to final payment. It is the sole responsibility of the Contractor to dispose of all building paper or other material used for covering manholes,valve boxes,monument markers, etc. E. Application of Seal Coat Material 4. Revise this section as follows: Immediately after spreading, roll the aggregate with self-propelled, pneumatic-tired rollers. Roll in a longitudinal direction, beginning at the outer edges of the treatment and working toward the center. Overlap the previous strip by about one-half the roller width. Do not allow the roller speed to exceed 7 mph during initial rolling, or 15 mph after initial rolling. Complete the first rolling of the aggregate within one-half hour of it being spread. Continue rolling until a smooth,thoroughly compacted surface is obtained. Roll at least three complete passes with each roller. If the seal coat is finished in partial widths at a time, leave 4 to 6 inches of the inside edge uncovered with aggregate to permit overlap of asphaltic material when the remaining portion of the surface is treated. 5.Add the following: Unless otherwise specified in the contract documents,the City of Bozeman will remove and dispose of all loose aggregate from the pavement after the work is completed for projects done under contract to the City. COBMODS 6'Edition Page 1 of 2 SECTION 02504 3.4 PROTECTION OF SIDE STREET STRUCTURES AND TRAFFIC CONTROL Add the following requirements: C. It is the sole responsibility of the Contractor to furnish and post"No Parking" signs along both sides of the street(s) intended for seal coating. The "No Parking" signs shall be posted at 100-foot intervals and securely fastened to their support posts. (Wood laths may be used.) It is also the responsibility of the Contractor to remove and dispose of all "No Parking" signs and their supports immediately after the seal coating operations have been completed on each street. "No Parking" signs shall be posted 24 hours in advance of seal coating operations. The Contractor shall notify the public as to the proposed streets to be seal coated and the corresponding dates of the construction activities. The Contractor shall be responsible for removing all vehicles from streets to be seal coated. Traffic will be allowed onto streets upon completion of the seal coat street improvements. However,traffic will be required to operate at 15 mph for a period of 48 hours following completion of the seal coat. It is the responsibility of the Contractor to erect, maintain and remove the temporary speed control signs for the appropriate streets. COBMODS 6'h Edition Page 2 of 2 SECTION 02504 SECTION 02510 ASPHALT CONCRETE PAVEMENT 2.2 PLANT MIX AGGREGATES Add the following: J. Reclaimed glass may be added to the aggregate for plant mix. A maximum of 3% crushed glass may be blended in the mix. The glass shall be crushed so that 100%of the glass passes a 3/8 inch sieve, and no more than 8% passes a No. 200 sieve. If glass is used in the mix, 1%hydrated lime(by weight) shall be added to the mix as an anti-stripping agent. Hot plant mix asphalt with glass is limited to binder or base courses and is not to be used in surface or friction courses. 2.3 ASPHALT BINDER MATERIAL A. 1. Grades: Add the following requirement: Unless otherwise specified in the Contract Documents, the type and grade of asphalt cement shall be performance grade 58-28 (AASHTO Performance Graded Binder Specification MP-1). 3.14 PATCHING B. Surface Preparation Add the following requirements: 3. d. Tack coat all existing asphalt edges prior to placing new asphalt concrete. e. If hot plant mix asphalt is not available, temporarily patch the pavement using a 3000 psi(minimum)concrete(M-3000 or C-3000), with a minimum thickness of 3 inches. Remove the temporary patches and replace with hot mix asphalt when it becomes available. f. Thickness of the pavement patch will equal that of the existing pavement,unless otherwise approved. 3.16 SPREADING AND FINISHING: Revise this section as follows: A. Spread and finish meeting the following requirements: 1. The maximum lift thickness is 3 inches (compacted depth) for surface courses and 4 inches (compacted depth) for base courses COBMODS 6TH Edition Page I of I SECTION 02510 SECTION 02528. CONCRETE CURB AND GUTTER 1.1 DESCRIPTION B. Revise as follows: Delete: Standard Drawing No. 02528-1, Standard Curb and Gutter Delete: Standard Drawing No. 02528-2, Drive-over Curb and Gutter Add: City of Bozeman Standard Drawing 02528-1, Integral Concrete Curb and Gutter 3.2 FOUNDATION PREPARATION D. Revise as follows: For new street construction or street reconstruction,place gravel base course for the street 9"beyond the back of curb. 3.6 STRIPPING FORMS AND FINISHING B. Finishing Add the following requirement: 3. After finishing and brooming, stamp a mark into the concrete to mark sewer and/or water service lines. The mark shall be either a "W" for water or an "S"for sewer. The mark shall be 3"tall and stamped a minimum of%"into the face of the curb. The marking shall locate the end of the stubbed service at a 90-degree angle to the curb. COBMODS 6'Edition Page 1 of 1 SECTION 02528 SECTION 02529 CONCRETE SIDEWALKS, DRIVEWAYS, APPROACHES, CURB TURN FILLETS, VALLEY GUTTERS, AND MISCELLANEOUS NEW CONCRETE CONSTRUCTION 1.2 REFERENCES A. Revise as follows: Delete: Standard Drawing No. 02529-1, Double Gutter Detail for Street Intersection Delete: Standard Drawing No. 02529-2, Standard Fillet Delete: Standard Drawing No. 02529-3, Type I Street Monument Delete: Standard Drawing No. 02529-4, Type II Street Monument Delete: Standard Drawing No. 02529-5A, Boulevard Driveway Approach Delete: Standard Drawing No. 02529-513, Curb Walk Driveway Approach Delete: Standard Drawing No. 02529-713, Curb Walk Alley Approach Delete: Standard Drawing No. 02529-8,Accessibility Ramp Delete: Standard Drawing No. 02529-9, Swale Crossing Add: City of Bozeman Standard Drawing No. 02529-1, Double Gutter Detail for Street Intersection Add. City of Bozeman Standard Drawing No. 02529-2, Standard Fillet Add: City of Bozeman Standard Drawing No. 02529-3, Type I Street Monument Add: City of Bozeman Standard Drawing No. 02529-5, Driveway Approach With Sidewalk Adjacent to Curb Add: City of Bozeman Standard Drawing No. 02529-713, Curb Walk Alley Approach Add. City of Bozeman Standard Drawings No. 02529-8, Pedestrian Ramp Add: City of Bozeman Standard Drawings No. 02529-8A,Blended Transition Pedestrian Ramp Add: City of Bozeman Standard Drawing No.02529-11,Residential Driveway Approach Add. City of Bozeman Standard Drawing No. 02529-12, Non-Residential Driveway Approach. Add. City of Bozeman Standard Drawing No. 02529-13, Non-Residential Driveway Approach for Arterial Streets. Add. City of Bozeman Standard Drawing No. 02529-14, Concrete Stolen Drainage Outlet and Inlet Chases Add. City of Bozeman Standard Drawing No. 02529-15,Publicly-Maintained Sidewalk Add. City of Bozeman Standard Drawing No. 02529-16, Asphalt Pathway Typical Section Add: City of Bozeman Standard Drawing No. 02529-17, Concrete Class 1 Trail Add: City of Bozeman Standard Drawing No. 02529-18, Class 2 Trail 2.4 GRAVEL BASE MATERIAL Add the following: B. Washed rock material meeting the following Table of Gradations may be used as base material. COBMODS 6'Edition Page I of 2 SECTION 02529 Addendum 2 Table of Gradations -Washed Rock Base Material Percentage by Weight Passing Square Mesh Sieves Sieve Size % Passiniz 1" 100 3/4" 90-100 3/8" 10-55 No. 4 0-10 2.5 CURING AND PROTECTIVE COATING MATERIALS Add the following requirement: C. The curing compound used on colored concrete shall be a high solid acrylic cure, Day/Chem Aggre-Gloss J-25 (manufactured by Dayton Superior)or approved equal. 3.8 JOINTS. C. Revise this section as follows: Divide sidewalk into sections using contraction joints formed by a jointing tool or other approved methods. Extend the contraction joints into the concrete for at least one-fourth its depth and make the joints approximately 1/8 inch wide. Unless otherwise directed, space contraction joints at maximum 10-foot intervals or a distance equal to the sidewalk width,whichever is less. In continuous sidewalk runs,install expansion j oints at the location of every fifth contraction j oint.For machine-placed sidewalk, install expansion joints with a maximum spacing of 150 feet. 3.11 MISCELLANEOUS NEW CONCRETE CONSTRUCTION Add the following requirement: B. Construct all curb ramps with detectable warning surfaces in conformance with the requirements of the Americans with Disabilities Act Accessibility Guidelines (ADAAG). Detectable warning plates shall be either cast iron or ductile iron. COBMODS 6°i Edition Page 2 of 2 SECTION 02529 Addendum 2 SECTION 02581 PAVEMENT MARKINGS AND MARKERS (PREFORMED PLASTIC, PAINTS AND ENAMELS) 1.2 STANDARD DRAWINGS Add the following Standard Drawings which are applicable to this section: City of Bozeman Standard Drawing No. 02581-1, Typical Pavement Markings for Pedestrian Crossings City of Bozeman Standard Drawing No. 02581-2,Typical Pavement Markings for School Crossings 2.1 PREFORMED PLASTIC PAVEMENT MARKING MATERIAL A. Add the following: Pre-formed plastic pavement marking material to be Premark Plus®manufactured by Flint Trading Inc. or approved equal. D. Revise this section as follows: Assure plastic pavement markings for inlay into new asphaltic surfaces are capable of being applied just before the final rolling of the new surface and can be rolled into place with conventional pavement rollers. For inlay applications, assure the plastic and adhesive are not damaged by pavement temperatures exceeding 150'For by water on roller drums. Insure that the pavement markings are installed according to manufacturer's recommendations. Add the following: 2.3 EPDXY PAVEMENT MARKING PAINT A. Furnish and install epoxy paint in accordance with the applicable sections of Standard Specifications for Road and Bridge Construction, Montana Department of Transportation, latest edition including any supplements. COBMODS 6'Edition Page 1 of I SECTION 02581 SECTION 02582 REFLECTIVE THERMOPLASTIC PAVEMENT MARKINGS 1.1 DESCRIPTION D. Revise this section as follows: Furnish thermoplastic that is hydrocarbon based. Furnish thermoplastic material that,while on the roadway surface and at any natural ambient temperature,will exist in a hard solid state with cold ductility that permits normal movement with the road surface without chipping and or cracking. 3.4 APPLICATION A. 2. Extruded(Inlaid) Add the following: d. Unless otherwise specified in the contract documents, all transverse pavement markings and words and symbols shall be 400 mils thick, and all longitudinal lines shall be 270 mils thick. COBMODS 6 h Edition Page 1 of 1 SECTION 02582 SECTION 02660 WATER DISTRIBUTION 1.4 STANDARD DRAWINGS Delete: Standard Drawing No. 02660-3, Thrust Blocking for Water Main Valves Delete: Standard Drawing No. 02660-4, Fire Hydrant Setting Delete: Standard Drawing No. 02660-5, Hydrant Location Detail Delete: Standard Drawing No. 02660-6, Water Service Line Delete: Standard Drawing No. 02660-7, Blowoff Valve Add. City of Bozeman Standard Drawing No. 02660-3, Thrust Blocking for Water Main Valves Add: City of Bozeman Standard Drawing No. 02660-4, Fire Hydrant Add. City of Bozeman Standard Drawing No. 02660-5,Hydrant Location Detail Add. City of Bozeman Standard Drawing No. 02660-6, Water Service Line Add: City of Bozeman Standard Drawing No. 02660-7, Typical Blowoff Add. City of Bozeman Standard Drawing No. 02660-8, Hydrant Barrier Posts Add: City of Bozeman Standard Drawing No. 02660-10, Typical Valve/Tee Restraint Add: City of Bozeman Standard Drawing No. 02660-11, Water Main Crossing Below Existing Sewer Main Add: City of Bozeman Standard Drawing No. 02660-12, Water Service Line, 4" and Larger Add: City of Bozeman Standard Drawing No. 02660-12A, Typical Riser Configuration Add: City of Bozeman Standard Drawing No. 02660-13, Standard Fire Service Line Installation, Class I, II, and III Systems Add: City of Bozeman Standard Drawing No. 02660-14, Standard Fire Service Line Installation, Class IV and V Systems Add: City of Bozeman Standard Drawing No. 02660-15, Water Service Line from Curb Stop to Building (Lines 2" and Smaller) Add: City of Bozeman Standard Drawing No. 02660-16, Water and Sewer Main and Services Location Standards Add. City of Bozeman Standard Drawing No.02660-17,Water Service Interior Clearances Add: City of Bozeman Standard Drawing No. 02660-18, Irrigation Meter Pit, 3/" or 1" Add: City of Bozeman Standard Drawing No. 02660-19, Irrigation Meter Pit, 1 'h"or 2" 2.2 PIPE MATERIALS B. Ductile Iron Pipe 1. Revise as follows: Furnish Class 51 wall thickness meeting AWWA C151, American National Standard for Ductile Iron Pipe for 12"diameter pipe and smaller. For pipe sizes greater than 12", furnish as specified in the contract documents. 2. Revise as follows: Use underground pipe having mechanical or push-on joints meeting AWWA C111. Use underground fittings having mechanical joints meeting COBMODS 6'Edition Page 1 of 14 SECTION 02660 Addendum 3 AWWA CIlI. Use restrained joint pipe for all stream crossings and for pipe installed in casings. If restrained joints at fittings are required, use Megalug mechanical joint restraint or Megaflange restrained flange adapter,manufactured by EBBA Iron Sales, or Uni-flange Series 1400 retainer glands,manufactured by Ford Meter Box Company, MJ Field Lok® Series DI, manufactured by US Pipe, Field Lok® 350 Gaskets for push-on joints, manufactured by US Pipe, Sigma One-Lok Series SLD manufactured by Sigma Corporation, or approved equal. 4. Fittings Delete the use of gray-iron fittings, add the following requirements: All fittings must be manufactured in accordance with applicable AWWA standards at ISO 9001-2000 approved manufacturing facilities. These manufacturing facilities must be covered under periodic audits by third party accreditation bodies for evaluations. These evaluations shall include manufacturing processes,quality control,corrective and preventative actions, and document control. In addition, distribution centers must be audited by Third Party Approval Agencies for periodic confirmation tests and surveillance audits. These periodic confirmation tests and surveillance audits shall document continuation of product approvals by auditing the entire quality systems including design, infrastructure, system implementation, distribution, training, quality control and assurance, and document control. All fittings must be manufactured in accordance with NSF 61. 5. Joints a. Revise as follows: Assure the fitting interior is cement mortar lined meeting AWWA C104,or fusion-bonded epoxy lined meeting ANSI/AWWA C116/A21.16. Assure the fitting exterior is bituminous tar coated 1 mil thick or fusion-bonded epoxy lined meeting ANSI/AWWA C116/A21.16. Use compact fittings having a rated working pressure of 350 psi following manufacturer recommended laying lengths. 6. Couplings Delete the use of cast iron or gray iron sleeves. Add the following requirements: a. 4) Furnish one of the following copper to copper compression connection couplings: Mueller H15403; Ford C44-xx-Q style; or AY McDonald 4758Q for 3/4", 1", 3/4" x 1", and 1" x 1 1/2". No connection couplings are permitted from the corporation stop to the curb stop for 3/" and 1" services. 5) Hymax® couplings shall not be used. C. Polyvinyl Chloride (PVC) Pressure Pipe Delete the use of thispipentaterialfor water lines D.. Concrete Cylinder Pipe Delete the use of this pipe material for water lines COBMODS 6'Edition Page 2 of 14 SECTION 02660 Addendum 3 E. Water Service Pipe Revise this section as follows: 1. Use copper or ductile iron pipe in water service line construction as specified in the contract documents and meeting the following specifications. a. Furnish service pipe of the size or sizes specified. A water line is designated a service line or water main based on its use,not its size. Generally, a line serving a single building or facility is considered a service line; a line serving more than one building, or intended to serve more than one building or facility is generally designated a water main. The standard sizes of services are 3/4" 1" 1'/z" 2" 4" 6", or 8". The minimum size of a fire service is 1". b. Unless otherwise shown on the plans, furnish and install the service pipe from the main to 8 feet past the property line with a curb stop and curb box installed 8 feet past the property line. Install the water service lines in accordance with City of Bozeman Standard Drawings 02660-6 and 02660-12 and where applicable with"City of Bozeman Fire Service Line Standard", City of Bozeman Standard Drawings 02660-13 and 02660-14. C. Copper Service Pipe 1) Use copper, type K annealed, meeting AWWA Standard C800. Use straight lengths for 1.5" and 2" services. d. Polyethylene Service Pipe Delete the use of thispipe inaterial for permanent water lines. e. Ductile Iron Pipe 1) Use ductile iron pipe for water service lines that are 4" in diameter or larger. Furnish ductile iron pipe which conforms to the requirements of Section 02660. 2.3 TAPPING SLEEVES AND VALVES: Revise this section as follows: A. Tapping sleeves shall be ductile iron or stainless steel,split-sleeve,mechanical joint type with end and side gaskets. They shall have a Class 125, ANSI B 16.1 outlet flange. They shall be rated for a minimum of 200 psi working pressure and shall contain a threaded plug for testing purposes on the neck or body of the tapping sleeve. Gaskets shall be manufacturers' standard suitable for use in potable water systems. Bolts and nuts shall be Cor-Ten,Dura-Bolt,or stainless steel. The sleeve shall be as manufactured by Mueller Company, Model H-615 or H-304, or as manufactured by Romac Industries, "SST" Stainless Steel Tapping Sleeve with ductile iron flanged outlet;unless otherwise approved by the City of Bozeman. COBMODS 6'Edition Page 3 of 14 SECTION 02660 Addendum 3 B. Tapping valves shall be as specified in Section 02660 2.8 A. 3, with flanged inlets compatible with the flange of the tapping sleeve and mechanical joint outlet. Tapping valves shall be iron body,bronze mounted gate valves with non-rising stems with design, construction and pressure rating conforming to AWWA Specification C509. Stem seals shall be double"O" ring seals designed so that the seal above the stem collar can be replaced with the valve under pressure in full open position. C. The tapping sleeve and valve shall be furnished and installed by the Contractor and the wet tap made by the City of Bozeman Water Department with the cost paid by the Contractor. The Contractor shall excavate the existing main at the location to be tapped to confirm the appropriate pipe dimensions prior to ordering the fittings. The tapping sleeve shall be installed with the outlet set on the horizontal plane. A concrete thrust block shall be installed behind the tee. 2.4 CORPORATION STOPS Revise this section as follows: 1. Furnish 300 psig ball valve brass corporation stops with inlet end to suit tapping requirements and conductive compression connection outlet for type K copper tubing. Furnish either Mueller B25008,Ford FB1000-x-Q, or A.Y. McDonald 4701BQ corporation stops. 2.5 SERVICE CLAMPS Revise this section as follows: 1. Furnish flat, double strap, bronze metal service clamps (service saddles) with Neoprene gaskets and corporation stop threads. Use Mueller BR 2 B Series, Ford 202B, or AY McDonald 3825. 2.6 CURB STOPS Revise this section as follows: 1. Furnish curb stops with ball type curb valves with Minneapolis pattern screw box mounts for 3/4", 1", 1%2", and 2" services, with 90' open to close - operation. Furnish curb stops that conform to the following: Service Size Curb Valve and Curb Stop 3/4" Ford Ball Valve Curb Stop B44-333-M-Q 1%2" Minneapolis Thread, Mueller B-25155 1%2"Minneapolis Thread,or A.Y.McDonald 6104Q,part number 4182-035 1" Ford Ball Valve Curb Stop B44-444-M-Q 1%2" Minneapolis Thread, Mueller B-25155 11/2"Minneapolis Thread,or A.Y.McDonald 6104Q,part number 4182-192 1%2" Ford Ball Valve Curb Stop B44-666-M-Q 2" Minneapolis Thread, Mueller B-25155 2" Minneapolis Thread, or A.Y. McDonald 6104Q, part number 4182-137 COBMODS 6'Edition Page 4 of 14 SECTION 02660 Addendum 3 211 Ford Ball Valve Curb Stop B44-777-M-Q 2" Minneapolis Thread, Mueller B-25155 2" Minneapolis Thread, or A.Y. McDonald 6104Q, part number 4182-081 2.7 CURB BOXES Revise this section as follows: 1. Furnish Minneapolis pattern base, extension type curb boxes having 7 foot extended lengths. Provide 5-foot stationary rods in all curb boxes. Use the following curb boxes: 3/4" and 1" Curb Stops: Mueller H10388 curb box 1 '1/4"top with a 2 %2"base tapping(with a 2 %2"x 1 1/2" standard black hex bushing a 5/8" stationary rod) Ford EM2-70-58 curb box 1 1/"top with a 2 1/2"base tapping(with a 2 1/2"x 1 1/Z" standard black hex bushing a 9/16" stationary rod) 1 1/2" and 2" Curb Stops: Mueller H10304 curb box 2" top with 3" base tapping (with a 3" x 2" standard black hex bushing and 3/" stationary rod that fits with 2" top section) or A.Y. McDonald Model 5624 2. Center and place the top section of a valve box with lid over all curb boxes that fall within asphalt pavement. 2.8 VALVES A. Gate Valves Revise this section as follows: 3. Gate valves shall be used for all lines from 4" up to and including 20". Furnish gate valves for underground installation equipped with a 2-inch square operating nut for key operation. All valves are to open counterclockwise. Valves are to be equipped with mechanical joints for pipe connections. Furnish Mueller 2360 valves or American Flow Control Series 2500 Ductile Iron Resilient Wedge Gate valves for sizes 12"and smaller,and Mueller 2361 or American Flow Control Series 2500 Ductile Iron Resilient Wedge Gate valves for sizes 14"to 20",or American AVK Series 65 Ductile Iron Resilient Wedge Gate Valves for sizes 4"through 12",Series 45 for 14" and 16"valves,and Series 55 for 18"and 20"valves,or Kennedy 8572/8571 for 12" and smaller and 7572/7571 for 14" to 20". Bolts and nuts for the stuffing box, wrench nut cap screw, and bonnet shall be Type 304 stainless steel. B. Butterfly Valves Revise this section as follows: 1. Furnish Class 250, rubber seated, butterfly valves for water distribution systems sized 24"and larger,meeting AWWA C504 requirements.Valves to COBMODS 6°Edition Page 5 of 14 SECTION 02660 Addendum 3 be equipped with mechanical joint ends and lubricated screw type operators designed for underground service. Furnish butterfly valves by Mueller, Kennedy, ValMatic Series 2000, or M&H. All fasteners shall be Type 304 stainless steel. Add the following section: C. OS &Y Valves 1. For service lines 4" and larger, furnish a UL listed flanged Kennedy, American Flow Control, or Mueller OS &Y valve as the first fitting inside the building. For fire service lines 2"and smaller,furnish a NIBCO T-104-0 OS &Y valve as the first fitting inside the building. Bolts and nuts for the stuffing box, wrench nut cap screw, and bonnet shall be Type 304 stainless steel. 2.9 VALVE BOXES Add the following requirefnent: B. Valve boxes shall be East Jordan Iron Works 8560 series. Valve box lids for fire service lines shall be East Jordon Iron Works Product Number 06800029 or approved equal. 2.10 FIRE HYDRANTS Revise this section as follows: B. Furnish hydrants with 5%"valve openings,flanged inlet,one 5"storz connection and two 21/2"hose connections. Storz connectors to be by Harrington Company.Assure hose nozzle threads meet ASA Specification B26 for National Standard Fire Hose Coupling Screw Threads,71/2 threads per inch. Furnish National Standard operating nut. Furnish hydrants opening counterclockwise and having an arrow on the hydrant top designating the opening direction. D. Paint the hydrant portion above the ground line red. Furnish hydrants so that there is a minimum of 61/2' of cover over the hydrant lead unless specified otherwise on the approved plans. Furnish Mueller Super Centurion 250 model hydrants or Waterous 5 '/"Pacer model hydrants per Water Department specifications, or American AVK Series 2780 Nostalgic Fire Hydrant, or Kennedy K81D hydrant. Furnish Mueller Defender Security Device,with locks keyed to City of Bozeman Standard,for each hydrant installed. Add the following section: 2.13 METER PITS A. Meter pit installations may be allowed for certain service lines such as for irrigation systems. The use of meter pits must be specifically approved by the Water Superintendent. If the use of a meter pit is allowed, the following Manufacturers are approved: Mueller, AY Mc Donald, and Ford. The Meter COBMODS 6ih Edition Page 6 of 14 SECTION 02660 Addendum 3 Department shall approve specific models proposed for use on a case-by-case basis. Add the following sections: 2.14 "NO-LEAD"BRASS A. Brass components of waterworks materials in contact with potable water shall be of No-Lead Alloy(UNS/CDA No. C89833). Components that do not come in contact with potable water shall be UNS/CDA No. C83600-85-5-5-5 and shall conform to AWWA Standard C800 (ASTM B-62 and ASTM B-584). 2.15 INSULATION A. Insulation for water pipelines shall be expanded polystyrene rigid board foam plastic with a compressive strength of 60 psi at 10% deformation,minimum. 3.2 PIPE INSTALLATION FOR WATER MAINS C. Laying of Pipe Revise as follows: 10. Construct reaction or thrust blocks at all tees, tapping tees, plugs, valves (except tapping valves and hydrant auxiliary valves that are part of a hydrant assembly),reducers,caps,vertical bends,and at horizontal bends deflecting 221/2' or more. Limit using metal rods or straps for thrust restraint to those specified on the plans, or where the use of concrete thrust blocks would be impractical. Do not use metal rods or straps unless specifically approved by the City of Bozeman. Construct reaction blocks from concrete having a minimum compressive strength of 3,000 pounds per square inch at 28 days. Place blocking between undisturbed ground and the fitting to be anchored,as shown on Standard Drawing 02660-1. The size of thrust(gravity)blocks for vertical bends will be as designed by the Engineer. Place the blocking so that pipe and fitting joints are accessible for repair. In lieu of concrete thrust blocks, thrust restraint may be provided utilizing Megalug® , Uni-F1angeTM , MJ Field Lok® Series DI, Field Lok® 350 Gaskets for push-on j oints,manufactured by US Pipe,Sigma One Lok Series SLD manufactured by Sigma Corporation,or approved equal joint restraints, for all fittings that require thrust restraint, except for cut-in or tapping tees (for mains or services) and bends on service lines inside building foundations,unless specifically prohibited by the City of Bozeman. Install the mechanical restraints in accordance with manufacturer's specifications and at all joints as specified by the Engineer: D. Pipe Jointing COBMODS 6a Edition Page 7 of 14 SECTION 02660 Addendum 3 1. Rubber Gasket, "Push-On"Joints Add the following requirement: b. All sections of newly installed water main shall provide continuity for electrical current. In order to provide continuity, insert a minimum of three brass or bronze conductive wedges in the joints of ductile iron pipe. Insert a copper wedge between cast iron and ductile iron pipe joints in accordance with manufacturer's recommendations. Conduct a continuity test of new mains when required by the Engineer or City of Bozeman. 3. Connections to Existing Mains Add the following requirements: C. All wet taps to water mains in use shall be made by the City of Bozeman Water Department at the expense of the Contractor. All dry taps or connections shall be made by the Contractor. Any new or existing valve which controls water in the municipal system shall be operated by City of Bozeman personnel only. The Contractor shall pressure test tapping tees prior to tapping by the Water Department. The tapping tees shall be hydrostatically pressurized to a minimum pressure of 200 psi, and the testing apparatus shall be in place for verification by the Water Department tapping personnel. d. The Contractor is responsible for 24 hour advance notification, in writing, to all affected customers of a water main shut-down. The written notification is to include the date,time and estimated duration of interrupted service. The written notification is also to include the name and phone number of the Contractor's representative who is coordinating the shut-down as well as the phone number of the City of Bozeman Water Department. All commercial customers affected by the water main shut-down must sign a notification sheet acknowledging that they have been informed of the date and time of the shut-down. The City of Bozeman reserves the right to determine the likely duration of the main shut-down based on the proposed work and Contractor experience, and require the installation of temporary water services by the Contractor. e. Clean and disinfect temporary water systems in accordance with the requirements for cleaning and disinfecting new water mains. Do not conne-` existing ser ecs W the temporary system until bacteriological tests show successful disinfection. Provide backflow protection at the point of connection of the temporary system to the municipal system, and at each point of connection of the temporary water system to the individual services. f. Remove any existing blow-offs or temporary flushing hydrants upon completion of the connection to the existing main,and install a brass plug upon removal of the corporation stop. COBMODS 6°i Edition Page 8 of 14 SECTION 02660 Addendum 3 Add the following section: D. Pipe insulation 1. If the Water Superintendent has allowed water pipe to be installed with less than 6.5 feet of cover, provide insulation as directed by the Engineer. 2. Provide insulation as directed by the Engineer where water pipes cross any storm drains or culverts. 3.3 POLYETHYLENE ENCASEMENT A. Revise this section as follows: Polyethylene encasement or other corrosion protection is not required unless corrosive soils are encountered or anticipated. When specified for corrosion protection,wrap all direct bury cast or ductile iron pipe and fittings including hydrants,valve boxes,curb boxes,and all other metal parts and surfaces, in polyethylene encasement. B. Polyethylene encasement for use with ductile iron pipe shall meet all the requirements for ANSI/AWWA C105/A21.5,Polyethylene encasementfor Ductile Iron Pipe Systems, and shall be V-BioTM Enhanced Polyethylene Encasement. C. The polyethylene encasement shall be overlapped one foot in each direction at joints and secured in place around the pipe, and any wrap at tap locations shall be taped tightly prior to tapping and inspected for any needed repairs following the tap. Add the following new section: 3.3.5 DETECTABLE BURIED WARNING TAPE A. Install detectable warning tape centered over all water mains, service lines, and hydrant leads. Install tape a minimum of 18" and maximum of 24" below finish grade. COBMODS 6'Edition Page 9 of 14 SECTION 02660 Addendum 3 3.4 TESTING, CLEANING &DISINFECTING WATER MAINS,VALVES &FITTINGS A. Hydrostatic and Leakage Testing 1. Add the following: The required minimum hydrostatic pressure for any test is 200 psi. 2. Add the following: Assure that the testing gauge is marked in increments no greater than 10 psi. 4. Revise this section as follows: Conduct the leakage test concurrently with the hydrostatic pressure test for 2 hours. Leakage is defined as(1)the quantity of water supplied into the pipe,or any valved section thereof,necessary to maintain pressure within 5 PSI of the specified test pressure (after the pipe has been filled with water and purged of air) for the duration of the 2 hour test period, and(2) the quantity of water supplied into the pipe, or any valved section thereof, required to return the pressure to the specified test pressure at the end of the 2 hour test period. Add the following requirements: 11. Chlorination, testing, and sampling shall comply with AWWA Standard C651-92. There shall be no allowable leakage for resilient seat gate valves.At least 24 hours prior to beginning water main tests,a testing schedule shall be submitted by the Contractor to the City Engineering Office for approval. The schedule shall specify the proposed sequence of testing and the methods and procedures which will be used to complete the tests. Hydrostatic and leakage testing shall not be conducted concurrently with chlorination of water mains. All heavily chlorinated water must be flushed from the system prior to pressurizing the new mains. 12. Any existing or new water main valves which are used to take water from the City of Bozeman distribution system for the purpose of filling,testing, chlorination or flushing, shall be operated by the City of Bozeman Water Department personnel only,with the Contractor requesting such operation at least 24 hours in advance. All existing water main valves are to be operated only by City of Bozeman Water Department personnel. 13. Allow five days after placement of concrete for thrust blocks before performing hydrostatic or leakage testing. If high-early strength concrete is used, allow two days after placement of concrete before performing hydrostatic or leakage testing. Provide adequate cold blocking as required for all thrust blocks that will not have the necessary curing time prior to testing. 14. For sections of mains that cannot be hydrostatically tested, assure that all joints are visually inspected for leakage under line working pressure by City of Bozeman representative prior to backfilling. B. Cleaning Water Mains Add the following requirements: COBMODS 6^Edition Page 10 of 14 SECTION 02660 Addendum 3 5. Prior to any main flushing the City of Bozeman Engineering Office shall be notified and provided with a flushing schedule and plan a minimum of 24 hours in advance of any main flushing. The City of Bozeman Fire Department shall be allowed adequate access to conduct pressure and flow testing of fire hydrants during the flushing process. 6. Any existing or new water main valves which are used to take water from the City of Bozeman distribution system for the purpose of filling,testing,chlorination or flushing, shall be operated by the City of Bozeman Water Department personnel only with the Contractor requesting such operation at least 24 hours in advance. All existing water main valves are to be operated only by City of Bozeman Water Department personnel. 7. Install an adequately-sized corporation stop on all main stubs longer than 10 feet to allow for the flushing of the stubs (see Table 1 MPW Section 02660). Following completion of all tests,remove corporation stops,install brass plugs,and assure plugs do not leak after main has been charged.A representative from the City of Bozeman must witness this work. C. Disinfecting Water Mains 3. Methods of Chlorination a. 1) Tablet Method Revise this section as follows: a) The tablet method consists of placing calcium hypochlorite granules(tablets shall not be used)in the water main as it is being installed and then filling the main with potable water when installation is completed.This method may be used only if the pipes and appurtenances are kept clean and dry during construction. b) Placing of calcium hypochlorite granules. During construction, calcium hypochlorite granules shall be placed at the upstream end of the first section of pipe, at the upstream end of each branch main, and at 500- foot intervals. The quantity of granules shall be as shown in Table 2. c) Warning:This procedure must not be used on solvent welded plastic or on screwed joint steel pipe because of the danger of fire or explosion from the reaction of the joint compounds with the calcium hypochlorite. d) When installation has been completed, fill the main COBMODS 6'Edition Page I I of 14 SECTION 02660 Addendum 3 with water at a velocity not exceeding 1 fps. Take precautions to assure that air pockets are eliminated. Leave this water in the pipe for at least 24 hours. If the water temperature is less than 41°,leave the water in the pipe for at least 48 hours. Position valves so that the chlorine solution in the main being treated will not flow into water mains in active service. TABLE 2 OUNCES OF CALCIUM HYPOCHLORITE GRANULES TO BE PLACED AT BEGINNING OF MAIN AND AT EACH 500-FT INTERVAL Pipe Diameter(d) (in.) Calcium Hypochlorite Granules (oz.) 4 1.7 6 3.8 8 6.7 10 10.5 12 15.1 14 and larger D2 x 15.1 Where D is the inside pipe diameter in feet D= d/12 D. Bacteriological Tests I. Revise this section as follows: After final flushing and before the water main is placed in service,test a sample,or samples,collected from the main(s)for turbidity and organisms. Collect at least one sample for every 1200 feet of new main and from each branch. a. Once the water main has been flushed following the successful completion of chlorination and pressure testing, the water line must be refilled with water and allowed to sit a minimum of 24 hours prior to the collection of samples for bacteriological tests. A second set of samples is to be taken a minimum of 24 hours after the first set of samples. Samples shall be taken in accordance with AWWA Standard C651-92. New water mains shall be placed in service by City of Bozeman personnel only. b. Collect samples from new water mains out of service lines or temporary taps. Samples may only be taken out of fire hydrants or flushing hydrants if approved in advance by the City of Bozeman. If hydrants are approved as sample locations,operate hydrants using the auxiliary valves or curb stops to prevent groundwater from entering hydrant. Assure that hydrants are kept from freezing during testing. C. Following the completion of bacteriological tests, assure that all COBMODS 6'Edition Page 12 of 14 SECTION 02660 Addendum 3 temporary piping has been removed, and all temporary corporation stops have been removed and replaced with brass plugs. 3.6 VALVES A. Add the following requirement: For butterfly valves, set the operating nut on the west side of mains that run north-south, and on the north side of mains that run east- west. C. Valve Thrust Blocks 1. Revise this section as follows: Install valves with thrust blocks and anchor rods meeting City of Bozeman Standard Drawing 02660-3 requirements. Thrust blocks are required on all valves size 6" and larger, except for tapping valves and hydrant auxiliary valves attached to the hydrant shoe flange. In lieu of concrete thrust blocks, thrust restraint may be provided utilizing Megalug®, Uni-FlangeTM, MJ Field Lok® Series DI, or approved equal joint restraints. 3.7 FIRE HYDRANTS B. Revise this section as follows: Provide drainage at the hydrant base by placing clean gravel under and around it. Place gravel at least 1 foot on all sides from the base of the hydrant to at least 6 inches above the drain opening. Brace the hydrant against undisturbed earth at the trench end with concrete backing as detailed on the plans. In lieu of concrete thrust blocks, thrust restraint may be provided utilizing Megalug®,Uni-FlangeTM,or approved equal joint restraints.Furnish hydrants with the specified gate valves. Install hydrants meeting City of Bozeman Standard Drawings 02660-4 and 02660-5. Where no curb exists or the minimum distance of three feet behind the curb cannot be met or there is no other adequate protection, install protective barrier posts in accordance with City of Bozeman Standard Drawing 02660-8 when required by the Water Superintendent. Protect the hydrant from damage during installation and backfilling operations. Hydrants may be subject to replacement by the Contractor if any of the protective paint coating is damaged during installation. If hydrant extensions are required, only one coupler will be allowed on the operating rod. 3.8 SERVICE LINE INSTALLATION Revise this section as follows: A. Provide all work and materials for the complete service line installation, including trench excavation and backfill;making the water main tap;furnishing and installing the corporation stop,curb stop and box,service clamp where necessary,and service line with fittings as required to make the connections to the stops. Provide a minimum of 6%2 feet and a maximum of 8 feet of cover measured as noted on City of Bozeman Standard Drawing No. 02660-6. Use compression fittings for all service line fittings. Do not use sweat or solder fittings. Use a continuous length of pipe with no couplings between the corporation stop and the curb stop for 3/4" and 1" COBMODS 6'Edition Page 13 of 14 SECTION 02660 Addendum 3 services. B. Mark the water service line stub end using a steel fence post painted blue, 6.5 feet long,buried 2.5 feet in the ground. Set post 1' from curb box.After bacteriological tests have passed and the test results have been submitted to the Water Department, open all curb stops in the presence of the Engineer to assure the service lines are flushed and all corporation stops are open. All main line valves are to be operated by Water Department personnel only. C. Service line installation from the end of the stub into the building shall be as per City of Bozeman Standard Drawings 02660-12 or 02660-15. Service lines shall not be installed from the end of the stub into the building until the main line has been accepted by the City and placed into service. The water service line from the stub into the building may be reduced in size, however the size reduction must be made within 18"of the curb stop or outside valve. Connections to existing stubs(either for domestic or fire service)that have remained dormant or unused longer than 6 months may require re-flushing or disinfection at the discretion of the Water Superintendent prior to being placed into service. The Water Superintendent may require bacteriological testing to assure that the dormant line has not become contaminated. 3.9 TAPPING Revise this section as follows: A. Tap the newly installed water mains unless specified otherwise. Provide a minimum distance of 18"between service taps. The City of Bozeman Water Department will tap any existing water mains. For taps on existing mains, the Contractor is responsible for scheduling and coordinating with the Water Department. The Contractor will be charged a fee for each tap made by the Water Department. All taps on existing mains require tapping saddles and corporation stops to be supplied and installed by the Contractor prior to tapping of the main by the Water Department. B. Perform tapping using an approved tapping machine using clean, sharp drill taps and/or shell cutters. 3/4-inch and 1-inch taps may be made directly into the barrel of ductile iron pipe without using service saddles. Direct tap into the pipe barrel to the depth exposing a maximum three threads of the corporation stop. Taps greater than 1"on a 6"line require the use of saddle clamps. Taps 4" and larger to existing water mains which are 4" and larger require the use of a tapping sleeve and valve. COBMODS 6'Edition Page 14 of 14 SECTION 02660 Addendum 3 SECTION 02720 STORM DRAIN SYSTEMS 1.2 CERTIFICATION BY MANUFACTURER Add the following: B. All Precast Concrete Products shall be manufactured by a supplier that is certified by one of the following,NPCA (National Precast Concrete Association), PCI(Precast/Prestressed Concrete Institute), or ACPA (American Concrete Pipe Association). Plant must be certified prior to and during production of precast. 1.4 STANDARD DRAWINGS Delete: Standard Drawing No. 02720-1, 30" Standard Storm Drain Inlet Delete: Standard Drawing No. 02720-3, Sanitary Sewer and Storm Drain Manhole Delete: Standard Drawing No. 02720-4, Standard Straight Manhole Delete: Standard Drawing No. 02720-5, 48" Standard Manhole Delete: Standard Drawing No. 02720-8, Standard Cast Iron Cover Delete: Standard Drawing No. 02720-9, Standard 24" Cast Iron Ring Add. City of Bozeman Standard Drawing No. 02720-1, 36" Standard Storm Drain Inlet Add: City of Bozeman Standard Drawing No. 02720-1A, Standard Square Storm Drain Inlet Add. City of Bozeman Standard Drawing No. 02720-113, Combination Manhole and Curb Inlet Add: City of Bozeman Standard Drawing No. 02720-3,Sanitary Sewer and Storm Drain Manhole Add: City of Bozeman Standard Drawing No. 02720-4, Standard Straight Manhole Add: City of Bozeman Standard Drawing No. 02720-11, Storm Drain Debris Rack 2.1 GENERAL A. Add the following: All culverts shall be reinforced concrete with flared-end sections unless otherwise approved by the City Engineer. All public storm drain systems shall be constructed with reinforced concrete pipe, with solid-wall or corrugated PVC pipe for pipe sizes 36" and less, or with HP Storm Pipe manufactured by Advanced Drainage Systems, Inc., for pipe sizes 24" and less. COBMODS 6'Edition Page 1 of 3 SECTION 02720 Addendum 3 2.2. PIPE MATERIALS E. MANHOLES d. Frames and Covers 1. Revise this section as follows: Furnish D&L Foundry A-1178 ring and cover or East Jordan Iron Works 3771/3772 series ring and cover,or approved equal. Furnish 7"rings unless otherwise approved by the City Engineer. Assure that all covers have two pick holes, 1" minimum, 1 '/ " maximum diameter. Cover lettering shall be "Storm Drain". Covers shall have a City of Bozeman logo cast into the cover. The design of the logo to be approved by the Street Superintendent. F. INLETS AND CATCH BASINS Revise this section as follows: a. Unless otherwise approved,furnish either of the following frames and grates: Neenah R-3067-L, Deeter#2047L, D &L Foundry I-3517, or East Jordan Iron Works 7030 with T1 back and Type M6 grate.Inlet castings shall have a logo cast into the curb-piece stating"Dump no Waste,Drains to Waterways" or similar.For catch basins at sag locations,use East Jordan Iron Works Type M7 grate or approved equal. Add the following section: G. DRY WELLS a. Dry wells shall be provided with either locking covers or interior steps. 3.1 PIPE AND SERVICE LINE INSTALLATION Add the following: F. Install detectable buried warning tape centered over all storm sewer mains and service lines.Install tape a minimum of 18"and maximum of 24"below finish grade. 3.2 MANHOLES A. Construction 1.Revise this section as follows: Construct manholes to the specified dimensions. Unless otherwise shown on the plans,do not form channels in storm drain manholes. Assure that the lowest pipe invert is 9" higher than the base of the manhole. 3.5 TESTS COBMODS 6'Edition Page 2 of 3 SECTION 02720 Addendum 3 Add the following requirement: D. T.V. Inspection 1. All storm drains are required to be inspected using a television camera before final acceptance. All television inspections of new Storm drains shall be done by the City of Bozeman Sewer Department at Contractor expense unless otherwise approved by the Water/Sewer Superintendent. Schedule inspections with the Sewer Department a minimum of one week in advance.De-watering equipment must be shut down a minimum of 24 hours prior to the television inspection to allow groundwater to return to typical levels. Adequately flush the storm drain lines prior to each television inspection. T.V. inspection of dry lines is not acceptable. A storm drain line will be considered deficient and unacceptable if 1)the alignment is outside the specified limits,2)water ponds in any section to a depth equal to or greater than a value 2 times the grade tolerance specified herein under Section 02720 3.1 E. 1., or 3) the pipe has visible defects such as open joints,pinched gaskets, cracked barrels or bells, or similar defects. Correct any deficiencies and schedule a re-inspection by the Sewer Department. Storm drain lateral lines(inlet lines)may be subject to the same T.V.inspection requirements as storm drain mains at the discretion of the Water/Sewer Superintendent. COBMODS 6d Edition Page 3 of 3 SECTION 02720 Addendum 3 SECTION 02730 SANITARY SEWER COLLECTION SYSTEMS 1.2 CERTIFICATION BY MANUFACTURER Add the following: B. All Precast Concrete Products shall be manufactured by a supplier that is certified by one of the following,NPCA (National Precast Concrete Association), PCI (Precast/Prestressed Concrete Institute), or ACPA (American Concrete Pipe Association). Plant must be certified prior to and during production of precast. 1.4 STANDARD DRAWINGS Delete: Standard Drawing No. 02720-3, Sanitary Sewer and Storm Drain Manhole Delete: Standard Drawing No. 02720-4, Standard Straight Manhole Delete: Standard Drawing No. 02720-5, 48" Standard Manholes Showing Two Types of Cone Sections Delete: Standard Drawing No. 02720-8, Standard Cast Iron Cover Delete: Standard Drawing No. 02720-9, Standard 24" Cast Iron Ring Delete: Standard Drawing No. 02730-2, Sanitary Sewer Service Line Delete: Standard Drawing No. 02730-3, Deep Sanitary Sewer Service Line Add: City of Bozeman Standard Drawing No. 02730-3, Deep Sanitary Sewer Service Line Add: City of Bozeman Standard Drawing No. 02660-16,Water and Sewer Main and Services Location Standards Add: City of Bozeman Standard Drawing No.02720-3, Sanitary Sewer and Storm Drain Manhole Add: City of Bozeman Standard Drawing No. 02720-4, Standard Straight Manhole Add: City of Bozeman Standard Drawing No. 02730-2, Sanitary Sewer Service Line Add: City of Bozeman Standard Drawing No. 02730-4, Sanitary Sewer Cleanout Add: City of Bozeman Standard Drawing No. 02730-5, Standard Drop Manhole 2.1 GENERAL A. Revise this section as follows: Furnish new sewer pipe and fittings as specified in the Contract Documents and meeting the materials and testing requirements of this Section. Furnish in-line wye branches of the same material and design as the sewer pipe unless specified otherwise. Saddle-type fittings are allowed only upon approval by the Sewer Superintendent. Pipe strength classifications are shown on the plans and/or are listed in the Contract Documents. Do not use tee branches unless specifically approved by the City of Bozeman. COBMODS 6°i Edition Page 1 of 5 SECTION 02730 Addendum 3 2.2 PIPE MATERIALS Delete the use of High Density Polyethylene (HDPE) Pipe and Corrugated PVCpipe for sanitary sewers A. Polyvinyl Chloride(PVC) Pipe 2. Gravity Sewer Pipe a. Revise this section as follows: Furnish gravity sewer pipe meeting one of the following requirements: 1) ASTM-3034,"Standard Specifications for Polyvinyl Chloride Sewer pipe and Fittings", with an SDR of 35 8" - 15". 2) ASTM F679, T-1 wall thickness. (SDR 35), "Standard Specifications for PVC Large Diameter Plastic Gravity Sewer Pipe and Fittings" 18"—27". 3) SDR 26 PVC pipe for 4" and 6" service lines. 5. Fittings Revise this section as follows: a. Assure wye fittings for connecting service lines are of the same material, construction, and joint design as the main sewer pipe. 2.3 MANHOLES A. General 1. Add the following: Do not use flat-top (straight) manholes unless specifically called out on the plans or in the Contract Documents. Unless noted otherwise, flat-top manholes are only to be used when the distance from the rim to the invert is less than 6 feet. D. Frames and Covers 1. Revise this section as follows: Furnish D & L Foundry A-1178 ring and cover, or East Jordan Iron Works 3771/3772 series ring and cover, or approved equal. Furnish 7" rings unless otherwise approved by the City Engineer. Assure that all covers have two pick holes, P minimum, 1 1/" maximum diameter. Cover lettering shall be"Sanitary Sewer". Covers shall have a City of Bozeman logo cast into the cover.The design of the logo to be approved by the Sewer Superintendent. 3.1 PIPE AND SERVICE LINE INSTALLATION D. Laying Pipe Delete references to tee fittings. E. Tolerances COBMODS 6'Edition Page 2 of 5 SECTION 02730 Addendum 3 1. Revise as follows: Install the pipe within 1/2"of the specified alignment and within 1/4" of the specified grade, provided that such variation does not result in a level or reverse sloping invert. Arid the following: F. Install detectable buried warning tape centered over all sanitary sewer mains and service lines.Install tape a minimum of 18"and maximum of 24"below finish grade. 3.2 MANHOLES A. Construction 2. Add the following requirements: Unless otherwise approved by the City of Bozeman, make all break-in connections to existing manholes by using a core drilling machine. Trim off and remove all excess gasket material inside manholes. 3. Revise this section as follows: Install adjusting rings on each manhole to bring the manhole rim elevation to match the existing or specified ground elevations. A maximum of 12" of adjusting rings are permitted. Furnish concrete adjusting rings reinforced with the same percentage of steel as the riser and top,or HDPE adjusting rings. To adjust the rim to match the slope of a street,use rubber-composite tapered adjusting rings. Install Ram-Nek or approved equal joint sealant compound between the first adjusting ring and the top of the manhole, between each adjusting ring, and between the last adjusting ring and the manhole frame. 3.3 SANITARY SEWER SERVICE LINES A. Revise this section as follows: Construct service lines in accordance with City of Bozeman Standard Drawing No. 02730-2 or,if authorized by the Engineer,City of Bozeman Standard Drawing No. 02730-3. Install the service line to a point 8 feet past the property line unless shown or specified otherwise on the plans. Plug the end of the service line with a stopper and gasket,using a gasket of the same type used for pipe jointing.Do not grout the plugs.For multiple service lines installed in the same trench,maintain a minimum of 2 feet clear between each service line and service tap. For service lines connected to existing mains, use Schedule 40 PVC pipe with solvent weld joints or SDR 26 PVC pipe with gasketed joints, and provide all equipment,material,labor and incidentals necessary to install the service line from the main to the building. The City of Bozeman Sewer Department shall make all main taps for new sewer services connected to existing mains, at the Contractor's expense. Inserta Tees©maybe used for service line connections to existing mains. 3.4 TESTS COBMODS 6'Edition Page 3 of 5 SECTION 02730 Addendum 3 A. Add the following requirements: At least 24 hours prior to beginning sewer main and manhole tests, provide a testing schedule to the Engineer and the City Engineering Office for approval. Specify the proposed sequence of testing and the methods and procedures which will be used to complete the tests. D. Water Test 1. Add the following requirement: If the water test method is used, verify groundwater levels at the time of testing by installing piezometers or test pits in the immediate area of the sewer line that is being tested. E. Air Test(Alternate) 9. Revise this section as follows: For test sections exceeding the maximum lengths, either shorten the test section to an allowable length; test according to Uni-Bell Standard Uni-B-6-98; or use the water test. Add the following requirement: 10. If the air test method is used to test the sewer mains, test manholes for leakage by filling each manhole with water to the top of the manhole. Measure the leakage by checking the water level drop in the manhole over a four hour period.Allow time to soak the manholes in advance of performing tests. The allowable leakage for manholes is 0.1 gal/hr/ft-dia/ft-head. G. T.V. Inspection 1. Revise this section as follows: All sewers are required to be inspected using a television camera before final acceptance. All television inspections of new sewers shall be done by the City of Bozeman Sewer Department at Contractor expense unless otherwise approved by the Water/Sewer Superintendent. Schedule inspections with the Sewer Department a minimum of one week in advance. De-watering equipment must be shut down a minimum of 24 hours prior to the television inspection to allow groundwater to return to typical levels. Adequately flush the sewer lines prior to each television inspection. T.V. inspection of dry sewer lines is not acceptable. A sewer line will be considered deficient and unacceptable if 1) the alignment is outside the specified limits, 2) water ponds in any section to a depth equal to or greater than a value 2 times the grade tolerance specified herein under Section 02730 3.1 E. 1.,or 3)the pipe has visible defects such as open joints,pinched gaskets, cracked barrels or bells, or similar defects. Correct any deficiencies and schedule a re-inspection by the Sewer Department. Sanitary sewer service lines may be subject to the same T.V. inspection requirements as sanitary sewer mains at the discretion of the Sewer Superintendent. COBMODS 6 h Edition Page 4 of 5 SECTION 02730 Addendum 3 Add the following section: J. Manhole Vacuum Testing 1. Vacuum testing of manholes may be done in lieu of water testing.Testing shall be done in accordance with "ASTM C1244-05a, Standard Test Method for Concrete Sewer Manholes by the Negative Air Pressure(Vacuum)Test Prior to Backfill",with the exception that the testing shall be done after backfilling. COBMODS 6'Edition Page 5 of 5 SECTION 02730 Addendum 3 Add the following new section: SECTION 09810 STREET SIGNS PART1 - GENERAL 1.1 DESCRIPTION A. This section is furnishing,fabrication,installation and the removing and resetting of signs in accordance with these and other specifications,the Standard Drawings,and in the location as shown on the plans or as directed by the Engineer. 1.2 REFERENCES MUTCD Manual on Uniform Traffic Control Devices 1.3 STANDARD DRAWINGS Standard Drawings in Appendix C applicable to this section are as follows: City of Bozeman Standard Drawing No. 09810-1, Sign Installation Standards City of Bozeman Standard Drawing No. 09810-2, Dead End Barricade City of Bozeman Standard Drawing No. 09810-3, Standard Street Marker Sign Location 1.4 DEFINITIONS A. The following definitions define the signing work to be done when the respective terms are used in the Contract. 1. NEW Signs designated "New" are to be furnished new and erected at the locations specified. 2. REUSE Signs designated"Reuse" are to be removed from the existing post or posts and remounted on a new post or posts at the locations specified. 3. REPLACE Signs designated"Replace" are to be removed and replaced with the specified "New" standard signs, including new post or posts, at the existing or specified new locations. 4. RESET Signs designated"Reset" are to be removed and reset at the locations specified using the existing sign faces and supports. 5. REMOVE Signs designated"Remove" are to be removed,to include the sign or sign assembly and sign supports. COBMODS 6'Edition Page 1 of 4 SECTION 09810 Addendum 3 PART 2 -PRODUCTS 2.1 POSTS A. Use 2" perforated square tube 14 gauge galvanized steel posts for all sign posts unless otherwise specified on the,plans. Use Telspar or approved equal sign posts. Anchor posts as shown on Standard Drawing 09810-1. 2.2 STREET NAME MARKER SIGNS A. Provide street marker(D-3)signs which meet all applicable MUTCD Standards.For publicly-maintained streets,use white lettering on a green background.For privately- maintained streets, use white lettering on a blue background. For ground-mounted signs,furnish 9"flat-blade aluminum sign blanks,0.08 inches thick. Provide a 1/4" white border around the edge of the sign. Use white Highway Font letters for the street name. Lettering for street names shall be mixed-case consisting of an initial upper-case letter followed by lower-case letters. Letter height is specified as the height of the initial upper-case letter. The nominal loop height of the lower-case letters shall be 3/the height of the initial upper-case letter. Street names shall have 6 inch letters, and 3 inch letters for street abbreviations or city sections (e.g. Street, Avenue, Road). Attach signs back to back on signpost with two 3/8" drive rivets with 1" backing washers. For overhead signs, blank and letter sizes shall be determined by engineering design and shall meet the requirements of the MUTCD. 2.3 REGULATORY,WARNING, CONSTRUCTION,AND GUIDE SIGNS A. Assure that all signs meet applicable MUTCD Standards. Furnish construction grade aluminum sign blanks,0.08 inches thick. Attach signs to the posts with a minimum of two 3/8" drive rivets with backing washers. For signs smaller than 18"x18",use 3/8"x 1"washers; for larger signs use 3/8"x 1.5"washers. 2.4 SIGNPOST FOUNDATION SLEEVES A. Furnish 2V non-perforated 12 gauge galvanized steel square tube foundation sleeves for all sign posts. Use "Telspar Quik Punch" or approved equal. Install sleeves in concrete anchor as shown on Standard Drawing 09810-1. 2.5 REFLECTIVE SHEETING A. Reflective sheeting for signs shall be Type IV("High Intensity Prismatic")or better. 2.6 DELINEATORS A. For flexible delineators,use Flex-Stake Series 750 for surface mount and Flex-Stake Series 670 for ground mount, or approved equal. COBMODS 6 h Edition Page 2 of 4 SECTION 09810 Addendum 3 PART 3 - EXECUTION 3.1 SIGN INSTALLATION A. Assure that all signs are installed according to MUTCD Standards. Locate signs where shown on the plans or as directed by the Engineer. Assure that signs are installed plumb, at the correct height, and with the edge of the sign a minimum of ' two feet from the face of the curb or edge of pavement. 3.2 SIGN REMOVAL OR REPLACEMENT A. As directed by the Engineer, salvage existing signs designated to be removed or replaced to the site specified by the City of Bozeman. Properly dispose of all signs designated for removal or replacement which have not been designated for salvage. PART 4 - MEASUREMENT AND PAYMENT 4.1 GENERAL A. The following are pay items for the work covered under this section. Payment for these items is full compensation for providing all materials, tools, labor and equipment necessary to complete the item and all incidental work related thereto, whether specifically mentioned herein or not. 1.NEW SIGNS Measurement of signs is per each sign installed. Payment for signs is made at the contract unit price bid per each sign installed, which includes furnishing and installing sign posts and sign faces and all other work necessary or incidental for completion of the item. 2. REUSE SIGNS Measurement of signs is per each sign installed. Payment for signs is at the contract unit price bid per each sign reused. Such price or prices and payment will be full compensation for furnishing and erecting the new sign supports and remounting the sign,removing and disposing of the existing sign supports,and backfilling of removal sites. 3. REPLACE SIGNS Measurement of signs is per each sign replaced. Payment for signs is at the contract unit price bid per each sign replaced. Such price or prices and payment will be full compensation for removing and disposing of the existing sign and furnishing and erecting the new sign supports and sign faces. 4. RESET SIGNS Measurement of signs is per each sign reset. Payment will be made at the contract unit price bid per each sign reset. Such price and payment will be full compensation for all work and materials including dismantling and removal, resetting,fiunishing and installing break away devices (if required),breakdown of foundation material and backfill of removal sites, and all incidentals necessary to COBMODS 6ih Edition Page 3 of 4 SECTION 09810 Addendum 3 complete the work. When not provided for in the contract, reset signs will not be paid for directly but will be considered incidental to and included in payment for other items in the contract. 5. REMOVE SIGNS Measurement of signs is per each sign removed. Payment will be made at the contract unit price bid per each sign removed. Such price and payment will be full compensation for removing each sign and supports, removal from the project,breakdown of foundation material,and backfilling removal sites. COBMODS 6'Edition Page 4 of 4 SECTION 09810 Addendum 3 APPENDIX A MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS STANDARD DRAWINGS Drawing Description Status 2213-1 Manhole Adjustment Detail Replaced 2213-2 Water Valve Adjustment Detail Replaced 2221-1 Typical Utility Trench Detail Active 2221-2 Pipe Bedding Alternate Active 2222-1 Trench Plug Excavation Detail Active 2528-1 Detail of Standard Curb and Gutter Replaced 2528-2 Detail of Drive Over Curb and Gutter Deleted 2529-1 Double Gutter Detail for Street Intersection Replaced 2529-2 Standard Fillet Replaced 2529-3 Type I Street Monument Replaced 2529-4 Type II Street Monument Deleted 2529-5 A Boulevard Drive Approach Detail Replaced 2529-5 B Curb Walk Drive Approach Detail Replaced 2529-6 Retrofit Drive Approach Active 2529-7A Boulevard Alley Approach Detail Active 2529-713 Curb Walk Alley Approach Detail Replaced 2529-8 Accessibility Ramp Replaced 2529-9 Swale Crossing Deleted 2529-10 Mailbox Mounting For Curbline Delivery Active 2660-1 Thrust Blocking for Water Main Fittings Active 2660-2 Water And Sewer Main Separation Active 2660-3 Thrust Blocking For Water Main Valves Replaced 2660-4 Fire Hydrant Setting Replaced 2660-5 Hydrant Location Detail Replaced 2660-6 Water Service Line Replaced 2660-7 Blowoff Valve Replaced 2720-1 30" Standard Storm Drain Inlet Replaced 2720-2 24" Standard Riser Inlet Active 2720-3 Sanitary Sewer And Storm Drain Manhole Replaced 2720-4 Standard Straight Manhole (ASTM C-478) Replaced 2720-5 48" Standard Manhole(Cone Sections) Deleted 2720-6 Precast Manhole Bases Active 2720-7 Typical Manhole Channel Details Active 2720-8 Standard Cast Iron Manhole Cover Deleted 2720-9 Standard 24" Cast Iron Ring Deleted 2720-10 Storm Drain Service Line Active 2730-1 Nomograph For Air Testing Gravity SewerMains Active 2730-2 Sanitary Sewer Service Line Replaced 2730-3 Deep Sanitary Sewer Service Line Deleted COBMODS 6'Edition Page 1 of I APPENDIX A APPENDIX B CITY OF BOZEMAN STANDARD DRAWINGS Drawing Description 01570-1 Traffic Control, Minimum Standard, Urban Work Site, 4 Lane Road, Work Site Closing One Lane 01570-2 Traffic Control,Minimum Standard,Urban Work Site,2 Lane Road,Work Site On Centerline 01570-3 Traffic Control,Minimum Standard,Urban Work Site,4 Lane Road,Work Site On Centerline Partially Blocking Inside Lanes 01570-4 Traffic Control,Minimum Standard,Urban Work Site,2 Lane Road, 1 Lane Partially or Fully Closed By Work Area 01570-5 Traffic Control,Minimum Standard,Rural Work Site,Work Adjacent to the Present Traveled Way 01570-6 Traffic Control,Minimum Standard,Rural Work Site,Utility Work On or Across the Present Traveled Way 01570-7 Pedestrian Traffic Control for Temporary Sidewalk Closure 01570-8 Sidewalk Closure with Detour 02213-1 Manhole Adjustment Detail 02213-2 Water Valve Adjustment Detail 02528-1 Integral Concrete Curb and Gutter 02529-1 Double Gutter Detail for Street Intersection 02529-2 Standard Fillet 02529-3 Type I Street Monument 02529-5 Driveway Approach With Sidewalk Adjacent to Curb 02529-7B Curb Walk Alley Approach 02529-8 Pedestrian Ramp 02529-8A Blended Transition Pedestrian Ramp 02529-11 Residential Driveway Approach and Sidewalk Details 02529-12 Non-Residential Driveway Approach 02529-13 Non-Residential Driveway Approach for Arterial Streets 02529-14 Concrete Storm Drainage Outlet and Inlet Chases 02529-15 Publicly-Maintained Sidewalk 02529-16 Asphalt Pathway Typical Section 02529-17 Concrete Class 1 Trail Typical Section 02529-18 Class 2 Trail Typical Section 02581-1 Typical Pavement Markings for Pedestrian Crossings (Type "A" Crossings) 02581-2 Typical Pavement Markings for School Crossings (Type "B" Crossings) 02660-3 Thrust Blocking For Water Main Valves 02660-4 Fire Hydrant 02660-5 Hydrant Location Detail 02660-6 Water Service Line 02660-7 Typical Blowoff COBMODS 6 h Edition Page 1 of 2 Appendix B Addendum 3 Drawing Description 02660-8 Hydrant Barrier Posts 02660-10 Typical Valve/Tee Restraint 02660-11 Water Main Crossing Below Existing Sewer Main 02660-12 Standard Domestic Service Line Installation for Sizes 4" and Larger 02660-12A Typical Riser Configuration 02660-13 Standard Fire Service Line Installation For Class I, II and III Systems 02660-14 Standard Fire Service Line Installation For Class IV and V Systems 02660-15 Water Service Line From Curb Stop to Building (Lines 2" and Smaller) 02660-16 Water and Sewer Main and Services Location Standards 02660-17 Water Service Interior Clearances 02660-18 Irrigation Meter Pit, 3/"or 1" Services 02660-19 Irrigation Meter Pit, 1 t/2" or 2" Services 02720-1 36" Standard Storm Drain Inlet 02720-1A Standard Square Storm Drain Inlet 02720-113 Combination Manhole and Curb Inlet 02720-3 Sanitary Sewer and Storm Drain Manhole 02720-4 Standard Straight Manhole 02720-11 Storm Drain Debris Rack 02730-2 Sanitary Sewer Service Line 02730-3 Deep Sanitary Sewer Service Line 02730-4 Sanitary Sewer Cleanout 02730-5 Standard Drop Manhole 09810-1 Sign Installation Standards 09810-2 Dead End Barricade 09810-4 Standard Street Marker Sign Location COBMODS 6'Edition Page 2 of 2 Appendix B Addendum 3 APPENDIX C Complete list of Standard Drawings to be used with the City of Bozeman Modifications to Montana Public Works Standard Specifications, Sixth Edition: Drawing Description COB 01570-1 Traffic Control, Minimum Standard,Urban Work Site,4 Lane Road, Work Site Closing One Lane COB 01570-2 Traffic Control, Minimum Standard,Urban Work Site, 2 Lane Road, Work Site On Centerline COB 01570-3 Traffic Control,Minimum Standard, Urban Work Site, 4 Lane Road, Work Site On Centerline Partially Blocking Inside Lanes COB 01570-4 Traffic Control,Minimum Standard,Urban Work Site,2 Lane Road, 1 Lane Partially Or Fully Closed By Work Area COB 01570-5 Traffic Control,Minimum Standard,Rural Work Site,Work Adjacent To the Present Traveled Way COB 01570-6 Traffic Control, Minimum Standard, Rural Work Site, Utility Work On or Across the Present Traveled Way COB 01570-7 Pedestrian Traffic Control for Temporary Sidewalk Closure COB 01570-8 Sidewalk Closure with Detour COB 02213-1 Manhole Adjustment Detail COB 02213-2 Water Valve Adjustment Detail MPW 02221-1 Typical Utility Trench Detail MPW 02221-2 Pipe Bedding Alternate MPW 02222-1 Trench Plug Excavation Detail COB 02528-1 Integral Concrete Curb And Gutter COB 02529-1 Double Gutter Detail For Street Intersection COB 02529-2 Standard Fillet COB 02529-3 Type I Street Monument COBMODS 6°i Edition Page I of 4 APPENDIX C Addendum 3 COB 02529-5 Driveway Approach With Sidewalk Adjacent To Curb MPW 02529-6Retrofit Drive Approach MPW 02529-7A Boulevard Alley Approach Detail COB 02529-7B Curb Walk Alley Approach COB 02529-8 Pedestrian Ramp COB 02529-8A Blended Transition Pedestrian Ramp MPW 02529-10 Mailbox Mounting for Curbline Delivery COB 02529-11 Residential Driveway Approach and Sidewalk Details COB 02529-12 Non-residential Driveway Approach COB 02529-13 Non-residential Driveway Approach for Arterial Streets COB 02529-14 Concrete Storm Drainage Outlet and Inlet Chases COB 02529-15 Publicly-Maintained Sidewalk COB 02529-16 Asphalt Pathway Typical Section COB 02529-17 Concrete Class 1 Trail Typical Section COB 02529-18 Class 2 Trail Typical Section COB 02581-1 Typical Pavement Markings for Pedestrian Crossings COB 02581-2 Typical Pavement Markings for School Crossings MPW 02660-1 Thrust Blocking for Water Main Fittings MPW 02660-2Water And Sewer Main Separation COB 02660-3 Thrust Blocking For Water Main Valves COB 02660-4 Fire Hydrant COB 02660-5 Hydrant Location Detail COB 02660-6 Water Service Line COBMODS 6'Edition Page 2 of 4 APPENDIX C Addendum 3 COB 02660-7 Typical Blowoff COB 02660-8 Hydrant Barrier Posts COB 02660-10 Typical Valve/Tee Restraint COB 02660-11 Water Main Crossing Below Existing Sewer Main COB 02660-12 Standard Domestic Service Line Installation for Sizes 4" and Larger COB 02660-12A Typical Riser Configuration COB 02660-13 Standard Fire Service Line Installation For Class 1, 11 And III Systems COB 02660-14 Standard Fire Service Line Installation For Class IV And V Systems COB 02660-15 Water Service Line from Curb Stop to Building (Lines 2" and Smaller) COB 02660-16 Water And Sewer Main And Services Location Standards COB 02660-17 Water Service Interior Clearances COB 02660-18 Irrigation Meter Pit, 3/" or 1" Services COB 02660-19 Irrigation Meter Pit, 1 %" or 2" Services COB 02720-1 36" Standard Storm Drain Inlet COB 02720-1A Standard Square Storm Drain Inlet COB 02720-1B Combination Manhole and Curb Inlet MPW`02720-224" Standard Riser Inlet COB 02720-3 Sanitary Sewer And Storm Drain Manhole COB 02720-4 Standard Straight Manhole MPW 02720-6Precast Manhole Bases MPW 02720-7Typical Manhole Channel Details MPW 02720-10 Storm Drain Service Line COB 02720-11 Storm Drain Debris Rack COBMODS 6'Edition Page 3 of 4 APPENDIX C Addendum 3 MPW 0273 0-1 Nomograph For Air Testing Gravity Sewer Mains COB 02730-2 Sanitary Sewer Service Line COB 02730-3 Deep Sanitary Sewer Service Line COB 02730-4 Sanitary Sewer Cleanout COB 02730-5 Standard Drop Manhole COB 09810-1 Sign Installation Standards COB 09810-2 Dead End Barricade COB 09810-4 Standard Street Marker Sign Location COBMODS 6'Edition Page 4 of 4 APPENDIX C Addendum 3 City of Bozeman Approved list of Copper Connections COPPER TO COPPER UNIONS BRAND SIZE TYPE FACTORY NUMBER A.Y. McDonald V Compression 3 piece 4758Q Ford V Compression 3 piece C44-33Q Mueller 3/" Compression 3 piece H15403 A.Y. McDonald 1" Compression 3 piece 4758Q Ford 1" Compression 3 piece C44-44Q Mueller 1" Compression 3 piece 15403 A.Y. McDonald 1 1/z" Compression 3 piece 4758Q Ford 1 1/2" Compression 3 piece C44-66Q Mueller 1 1/2" Compression 3 piece H15403 A.Y. McDonald 2" Compression 3 piece 4758Q Ford 2" Compression 3 piece C44-77Q Mueller 2" Compression 3 piece H15403 A.Y. McDonald %X1" Compression 3 piece 4758Q Mueller %Xl" Compression 3 piece H15403 A.Y. McDonald 1X11/2" Compression 3 piece 4758Q COPPER TO COPPER 90'S BRAND SIZE TYPE IFACTORY NUMBER A.Y. McDonald 1 112" Compression 4761Q Mueller 11/2" Compression H15526 A.Y. McDonald 2" Compression 4761 Q Mueller 2" Compression H15526 STRAIGHT STOPS BRAND SIZE TYPE IFACTORY NUMBER A.Y. McDonald V Compression 610OMWQ Mueller V Compression B24350 A.Y. McDonald 1" Compression 610OMWQ Mueller 1" Compression B24350 A.Y. McDonald 1 1/2" Compression 610OMWQ Mueller l %Z" Compression B24335 A.Y. McDonald 2" Compression 610OMWQ Mueller 2" Compression B24335 COBMODS 6'Edition Page I of 3 APPENDIX D ANGLE STOPS BRAND SIZE TYPE IFACTORY NUMBER A.Y. McDonald 3/" Compression 4602BQ Mueller 3/" Compression B24258 A.Y. McDonald 1" Compression 4602BQ Mueller 1" Compression B24258 A.Y. McDonald 1 't/2" Compression 4602BQ Mueller 11/2" Compression B24276 A.Y. McDonald 2" Compression 4602BQ Mueller 2" Compression B24276 CORPORATION STOPS BRAND I SIZE I TYPE IFACTORY NUMBER A.Y. McDonald %" Ball Corps 4701BQ Mueller 3/" Ball Corps B25008 Ford %" Ball Corps FB10003Q A.Y. McDonald 1" Ball Corps 4701BQ Mueller 1" Ball Corps B25008 Ford 1" Ball Corps FB10004Q A.Y. McDonald 1 %2" Ball Corps 4701BQ Mueller 1 1/2" Ball Corps B25008 Ford 1 1/2" Ball Corps FB10006Q A.Y. McDonald 2" Ball Corps 4701BQ Mueller 2" Ball Corps B25008 Ford 2" Ball Corps FB10007Q CURB STOPS BRAND SIZE TYPE IFACTORY NUMBER A.Y. McDonald 3/" Ball Valves/Minneapolis Thread 6104Q Mueller 3/" Ball Valves/Minneapolis Thread B25155 Ford 3/" Ball Valves/Minneapolis Thread B44-333MQ A.Y. McDonald 1" Ball Valves/Minneapolis Thread 6104Q Mueller 1" Ball Valves/Minneapolis Thread B25155 Ford 1" Ball Valves/Minneapolis Thread B44-444MQ A.Y. McDonald 1 %2" Ball Valves/Minneapolis Thread 6104Q Mueller 1 %2" Ball Valves/Minneapolis Thread B25155 COBMODS 6'Edition Page 2 of 3 APPENDIX D CURB STOPS BRAND SIZE TYPE FACTORY NUMBER Ford 1 '/2" Ball Valves/Minneapolis Thread B44-666MQ A.Y. McDonald 2" Ball Valves/Minneapolis Thread 6104Q Mueller 2" Ball Valves/Minneapolis Thread B25155 Ford 2" Ball Valves/Minneapolis Thread B44-777MQ CURB BOXES BRAND SIZE TYPE FACTORY NUMBER Mueller All H10388 with bushings as required SADDLES BRAND SIZE TYPE FACTORY NUMBER A.Y. McDonald 4" 2838 Ford 4" for DIP 20213-540 Mueller 4" BR2B0474IP A.Y. McDonald 6" 2838 Ford 6" for DIP 20213-750 Mueller 6" BR2130684IP A.Y. McDonald 8" 2838 Ford 8" for DIP 20213-962 Mueller 8" BR2130899IP A.Y. McDonald 10" 2838 Ford 10" for DIP 20213-1212 Mueller 10" BR213 11041P A.Y. McDonald 12" 2838 Ford 12" for DIP 20213-1438 Mueller 12" BR213 1314IP Note: Other copper connectors may be approved by the Water Superintendent on a case by case basis. COBMODS 6'Edition Page 3 of 3 APPENDIX D rn O rn oa r- CY) am w:m Ln a� m C) jy:.� Zz O u N O—N� I OQ to to O M�FO I� 1 Ud N M M 't (n W N O Q N��� I.. Z N Dd.10Ilk III d i'O'7 I !I 9➢I _� W Y aZ N co 'Md N f— N-xz U H W N M O J C� W v — Y P CO Z NW 0 Ld MU Cl- M QfJ O x CkfLi N J �W m��� -0QO �-'LL m o Z � �z ➢ 6`i(f Q J(, a�I . i!'�lfl 1 _ u o C) Q:� m o w U 0 o Li Q I 1.!• N C U H U .,l� 0) DN C O 0_ U N+0 C U Q Z E 1 0-0 � E `o fa- io min ; o "'' !a ° E N inM o =.E 6 m m o y N T xr. .� ° C N I L > ° CO NF ? E o o 3� 3 :. c c 0 0 0 0+ -C v W W EN oa oN x N o J 0 0 U OL— O 'C W C O O_N 0 . N `/ Z rZZ o E O c o _ -opO E° o ` o 0 a c d •v ac _ � ° x . 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SIDEWALK CLOSED 24"X18" R9-1 1(R) SIDEWALK CLOSED AHEAD CROSS HERE 30"X24" SIGN ® WORK SITE TRAFFIC DRUMS OR CONE CITY OF BOZEMAN SCALE: PEDESTRIAN TRAFFIC NO. 01570-7 NONE CONTROL FOR TEMPORARY FEB 2007 STANDARD DRAWING SIDEWALK CLOSURE 5' 5' - R9-9 SIDEWALK �I CLOSED TEMPORARY ACCESS RAMP ADEQUATELY '� -- SUPPORTED FENCING FENCING SIDEWALK CLOSED MUST MAINTAIN 4' CLEAR AREA R9-9 BETWEEN FENCING. WALKWAY MUST BE SMOOTH AND KEPT CLEAR OF FENCING AS SHOWN MAY USED OBSTRUCTIONS FOR SHORT TERM (LESS THAN APPROPRIATE TRAFFIC 30 DAYS) INSTALLATION. MORE CONTROL PLAN MUST BE PERMANENT STRUCTURES WILL BE USED FOR LANE CLOSURES REQUIRED FOR LONGER TERM. A COVERWALK MAY BE REQUIRED FOR OVERHEAD OPERATIONS (IF HEIGHT MINUS 10' EXCEEDS DISTANCE FROM WALK WAY TO WORK AREA) CITY OF BOZEMAN SCALE: SIDEWALK CLOSURE NO. 01570-8 STANDARD DRAWING NONE WITH FEB 2007 DETOUR EET SURFACING ti:tifk-44i�l�„ t.Av.y.. � �Vr..c.:4j•.\•'1`_St'.,:.:: J.Cy� I HOT MD(ASPHALT L�24'4M. r.'. C04PACTEO RISE 'k:•� I ,7..r�. CONCRETE NECESSARY AND SUBDRACE RINDS AS NECESSARY MIN—Ir VAX.) �i NOTES: 1.Adjust manholes upward with adjusting rings under frame. 2.Adjust manhole downward by removing cone and barrel sections as necessary and replacing with sections of length required to match grade. 3. Slope manhole frame as required to mathch slope of street. 4.Final manhole adjustment shall be made before paving. 5.All joints between manhole sections,top cone,adjusting rings,and manhole ring shall be watertight. Joint material shall be"Ram-Nek° or approved equal. 6.Manhole ring and cover shal be adjusted to match final crown and grade of street.Use Anderson Precast or approved equal concrete angled adjustment rings to obtain required angle. 7.Manhole ring and cover:use MCI 305 frame,305A cover,IFCO 772 frame, 772-B cover,or Deeter 1025,or D&L A-1172 with 1"cover. CITY OF BOZEMAN Scale: MANHOLE ADJUSTMENT NO. 02213-1 STANDARD DRAWING None DETAIL Rev.April 2005 TOP OF NEW PAVEMENT 1 8" MIN. 1 4 M 6 6" COMPACTED BASE k SUBGRADE NOTES: 1. Adjust water valves upward or downward as required. Final adjustment shall be made after paving and before seal coating. 2. Model No. 69 8550 series, East Jordan Iron works adjustable screw—type risers may be used to raise or adjust existing valve boxes only. 3. Valve box adjustment shown is designated as Type II water valve adjustment. Type I water valve adjustment is similar except with a concrete collar. CITY OF BOZEMAN SCALE: WATER VALVE ADJUSTMENT NO. 02213-2 STANDARD DRAWING NONE DETAIL Feb. 2004 NOTE: WHERE TRENCH PASSES THROUGH EXISTING PAVEMENT THE PAVEMENT SHALL BE CUT ALONG A NEAT VERTICAL LINE A MINIMUM OF 12" (30cm) FROM THE EDGE OF THE TRENCH OPENING. WHERE NEAT LINE IS LESS THAN 3' (0.9m) FROM EDGE OF EXISTING PAVEMENT OR CURB AND GUTTER SECTION, REMOVE AND REPLACE ENTIRE PAVEMENT SECTION BETWEEN TRENCH AND EDGE OF PAVEMENT. EXISTING STREET SURFACE VERTICAL TRENCH WALLS WITH SHORING TO CONFORM TO O.S.H.A. REGULATIONS* _12"(30 cm) MIN. SUBGRADE OR GROUND SURFACE INSTALL DETECTABLE SLOPING, BENCHING OR WARNING TAPE 18"(45cm) SUPPORT SYSTEMS IN THIS BACKSLOPE AS SPECIFIED MAX. DEPTH AREA TO CONFORM TO TO CONFORM TO O.S.H.A. (OPTIONAL) O.S.H.A. REGULATIONS* REGULATIONS* TYPE "A""B", OR "C" 6"(15cm) TRENCH BACKFILL i SELECT TYPE I BEDDING MATERIAL PLACED .�j oO IN 6"(15cm) LAYERS & 110 TYPE I PIPE BEDDING i opo° C3'�///j� COMPACTED AS SPECIFIED PLACED IN 6"(15cm) MAX. °�, fl �///\ IN SECTION 02221. LAYERS AND COMPACTED °a noR3 4"(10cm) no THOROUGHLY. TRENCH WIDTH=0.D. OF PIPE PLUS 2'(60cm) / \ j/ MIN. TRENCH WIDTH= 3.5'(1.1m) TYPE 2 PIPE BEDDING WHERE REQUIRED FOR SOFT OR UNSTABLE FOUNDATION NOTE: SEE CONTRACT SPECIAL PROVISIONS FOR ANY MODIFICATIONS TO STANDARD TRENCH MATERIALS AND/OR OTHER TRENCH DESIGN FEATURES + SEE O.S.H.A. CONSTRUCTION STANDARDS FOR EXCAVATIONS. REVISED: 10/25/02 CITY OF BILLINGS SCALE: STANDARD DRAWING STANDARD SPECIFICATIONS NONE TYPICAL UTILITY TRENCH DETAILS NO. 02221-1 It is recognized that native materials which may be used for pipe bedding vary widely from area to area. Therefore, the following is offered as an alternate to the TYPE 1 pipe bedding specification in Section 02221:TRENCH EXCAVATION AND BACKFILL FOR PIPE— LINES AND APPURTENANT STRUCTURES. This alternate shall be used only if called for in the Special Provisions. It must be emphasized that no specification should be used without the engineer's evaluation of the particular situation. TYPE 1 PIPE BEDDING Type 1 pipe bedding, imported or naturally occurring on site, shall be gravel, gravel—sand mixture, or sand. The material shall be well graded and shall conform to the requirements for soil type GW (gra— vel, well graded) or SW (sand, well graded) of the Uni— fied Soil Classification System (USCS) as delineated in ASTM D2487 except, at the discretion of the engineer, the material may contain up to a maximum of 12 percent passing the 200 sieve provided the plasticity index of the material is 6 or less. The maximum size gravel shall be 3/4—inch. The coefficient of uniformity for gravel shall be 4 or greater and a coefficient of curvature between 1 and 3. Sand shall have a coefficient of uniformity of 6 or greater and a coefficient of curvature between 1 and 3. Type 1 bed— ding shall consist of a minimum of 4 inches(1O cm), or 118 the outside diameter of pipe, whichever is greater, bedding material under the pipe; and the bedding material around and over the pipe to a point a minimum 6 inches (15cm) above the top of the pipe unless specified otherwise in the Special Provisions. The coefficient of uniformity is defined as the ratio of grain size diameter at 60% passing to the grain size diameter at 10% passing expressed as: Cu = D60 D10 The coefficient of curvature is defined as the position of the square of the grain size diameter at 3011. passing to the product of the grain size diameter at 10% passing times the grain size diameter at 60% passing expressed as: 2 Cc = (D30 D10 x D60 Where the naturally occurring material contains voids which would allow migration, sand bedding material shall not be used. Bedding material under and around the pipe to 6 inches (15cm) above the top of the pipe shall be placed by hand or other careful manner so as not to disturb the pipe, in maximum layers of 6 inches (15cm) and compacted to a minimum of 85Z Standard Proctor ASTM D698 R, AASHTO T-99. Special care shall be taken to assure complete compaction under the haunches of the pipe. Backfill material shall be placed in the trench for its full width on each side simultaneously. Water settling of this portion of the trench will not be allowed. The addition of water shall be limited to that required for optimum moisture for maximum compaction of the material. REVISED: 12/27/95 MONTANA PUBLIC WORKS SCALE: STANDARD DRAWING STANDARD SPECIFICATIONS NONE PIPE BEDDING ALTERNATE NO. O2221-2 A Ground Surface r r r r r 3' 90 cm Std.Trench Backfill Trench Plug Material ' i r'� � r .'; Select Pipe Bedding Bottom of Trench Type I Bedding A 4— 10'(3 m) J Section A-A Std.Trench Backfill Ground Surface ;; r ;;Ow ' � r'Trench Wall ' . Trench Wall ' r , Plug Limit Plug Limit �3'(90 cm) Plug Limit Trench Bottom 3'(90 cm) I J I 3'(90 cm) REVISED: 10/21/02 MONTANA PUBLIC WORKS SCALE: TRENCH PLUG STANDARD DRAWING STANDARD SPECIFICATIONS NONE EXCAVATION DETAIL NO. 02222-1 5.4" (0.45') 24" 9' 2" ° 4" TOPSOIL d 3"R J� 4.5„ (TYP.) 4"R d TO PER 1' SLOPE 3/4" 12" //\\ ° ° d d \\ 6 d O O O O 0 O O O O O O O O O O O O O O O O CRUSHED GRAVEL O O O O O O O O O O O O O O O BASE — 3" MIN. 0000000000000000000000000000000 O O O O O O O O O O O O O O O O SUB—BASE COURSE AS REQUIRED COMPACTED SUBGRADE 5" 1�5" 3/4" _3/4" PER 1' SLOPE _SLOPE AT 57 MAX, 2% MIN =1' 6" DROP CURB FOR DRIVEWAYS DROP CURB FOR PEDESTRIAN RAMPS SPILL CURB NOTES: 1. Subgrade or base course compaction shall conform to section 02230 (M.P.W. Specs., 1996 ed.) 2. Contraction joints shall be placed at 10' intervals and shall have a minimum depth of 3/4" and minimum width of 1/8". 3. 1/2" expansion joint material shall be placed at all P.C.s, P.T.s, curb returns and at not more than 300' intervals. The expansion material shall extend through the full depth of the curb and gutter. 4. No curb and gutter shall be placed without a final form inspection by the City Engineer or his representative. 5. Concrete shall be Class M-4000. 6. Crushed gravel base shall meet the requirements of Section 02235 (MPW SPECS, 2003 ed.) For curb and gutter replacement projects, washed rock may be used for the grovel base. CITY OF BOZEMAN SCALE: INTEGRAL CONCRETE NO. 02528-1 STANDARD DRAWING NONE CURB & GUTTER Revised Mar. 2017 CURB TO CURB WIDTH - VARIESFF �I FACE OF CURB rn 15' R (TYP) FACE OF GUTTER 111 EXPANSION JOINT CONTROL JOIN;// A �\� BACK OF CURB i� FLOWLINE WITH CURB RETURN A FILLET AS ONE PIECE 6" IF EXISTING CURB DOWEL WITH 5 #4 X 36° JOINTS WILL BE REQUIRED RETURN, GRIND GUTTER SMOOTH REBAR EVENLY APPROX. EVERY 10 FEET TO FORM OUTLET SPACED ON 1' CENTERS CHANNEL WHEN THIS WITH 3 1/2" OF COVER. IS THE HIGH SIDE ONE ONEAEND OF BARS PLAN VIEW VARIABLE 6'-0" MIN. STREET SURFACE r1l/2" PER 1' •2 7" REINFORCE WITH #4 SECTION A-A BARS ON 2' X 2' GRID NOTES: THE WIDTH WITH PROPORTIONAL INVERT MAY VARY TO SATISFY THE DESIGN REQUIREMENTS OF INDIVIDUAL APPLICATIONS. FINISHED STREET SURFACE TO BE 1/8" TO 1/4" ABOVE EDGES OF DOUBLE GUTTER. CITY OF BOZEMAN SCALE: DOUBLE GUTTER DETAIL NO. 02529-1 STANDARD DRAWING NONE FOR STREET INTERSECTION DEC. 2003 TYPE OF MAIL BOX AND SUPPORTING POST IS OPTIONAL r---------- ----, I I MAIL BOX --------------- 8' MIN. F� � (15cm) MAINTAIN 3'(0.9m) MIN. CLEAR SIDEWALK WIDTH TO MAILBOX OR SUPPORT WHEN MOUNTED IN SIDEWALK. g E m 0 ;9 SIDEWALK OR BOULEVARD CURB STREET SURFACE v ' a REVISED: 12/27/95 MONTANA PUBLIC WORKS SCALE: MAIL BOX MOUNTING STANDARD DRAWING STANDARD SPECIFICATIONS NONE FOR CURBLINE DELIVERY NO. 02529-10 SIDEWALK BOULEVARD VARIES- PROPERTY LINE 3" MIN GRAVEL BASE I 4" THICK M-4000 CONCRETE MAINTAIN SECTION B PROPER SIDEYARD SETBACK PER ZONING REGULATIONS I TRANSITION SECTION FROM EXISTING CURB TO DROP CURB: 3' M ., 5' MAX. EXPANSION JOINTS COMPLETELY AROUND SIDEWALK SECTION DRIVEWAY THROAT WIDTH 24' MAX. CURB do APRON POURED MONOLITHIC UNLESS OTHERWISE APPROVED CONTRACTION JOINT EXPANSION JOINTS AT CURB RETURNS 1 �-I w I BACK OF CURB SIDEWALK CONTRACTION JOINTS SPACED AT 5' INTERVALS — MIN. FLOW LINE DEPTH 1". EXPANSION JOINTS TO BE PLACED AT 25' CL EDGE OF GUTTER INTERVALS. ww w I VARIABLE AT 10' INTERVALS IN CURB & GUTTER a (5.5' TYP.) CONTRACTION JOINTS TO BE SPACED 5' EXPANSION JOINT MATERIAL SHALL BE 1/2" THICK PRE-FORMED BITUMINOUS TREATED FIBERBOARD FILLER. ALL CURB REPLACEMENT SHALL BE DONE WITH INTEGRAL CURB AND GUTTER UNLESS OTHERWISE APPROVED. GRADE ESTABLISHED AS 1/4" RISE PER FOOT FROM TOP OF ADJACENT FULL HEIGHT CURB R MATCH EXISTING SIDEWALK GRADE SIDEWALK DRIVEWAY 5.5' TYP. 1' S' TYP. (VARIES) 1/4" PER FOOT SLOPE STREET SURFACE w o' o':o: o. w a 0 WASHED ROCK CURB & GUTTER 3" MIN. MIN. 6" THICK M-4000 CONCRETE * OR MATCH EXISTING OR REQUIRED SIDEWALK WIDTH SECTION A CITY OF BOZEMAN SCALE: RESIDENTIAL NO. 02529-11 STANDARD DRAWING NONE AND VE AY WALK DO TAILS DEC 2003 MAINTAIN PROPER SIDEYARD SETBACK PER ZONING REGULATIONS 5' TRANSITION SECTION FROM EXISTING CURB TO DROP CURB: EXPANSION JOINTS COMPLETELY AROUND SIDEWALK SECTION MAX. THROAT WIDTH 35' COMMERCIAL 40' INDUSTRIAL CURB & APRON POURED MONOLITHIC UNLESS OTHERWISE APPROVED CONTRACTION JOINT EXPANSION JOINTS AT CURB RETURNS 1' w BACK OF CURB SIDEWALK CONTRACTION JOINTS SPACED AT 5' INTERVALS - MIN. FLOW LINE DEPTH 1". EXPANSION JOINTS TO BE PLACED AT 25' a EDGE OF GUTTER INTERVALS. 0 a VARIABLE CONTRACTION JOINTS TO BE SPACED t(5.5' TYP.) AT 10' INTERVALS IN CURB & GUTTER 5' EXPANSION JOINT MATERIAL SHALL BE 1/2" THICK PRE-FORMED BITUMINOUS TREATED FIBERBOARD FILLER. ALL CURB REPLACEMENT SHALL BE DONE WITH INTEGRAL CURB AND GUTTER UNLESS OTHERWISE APPROVED. GRADE ESTABLISHED AS 1/4" RISE PER FOOT FROM TOP OF ADJACENT FULL HEIGHT CURB R MATCH EXISTING SIDEWALK GRADE SIDEWALK DRIVEWAY APRON 1' * 5' TYP. 5.5' TYP. (VARIES) 1/4" PER FOOT SLOPE STREET SURFACE w - W 0 •O O 04 d 0 a 3" WASHED ROCK CURB & GUTTER MIN. 6" THICK M-4000 CONCRETE * OR MATCH EXISTING OR REQUIRED SIDEWALK WIDTH f CITY OF BOZEMAN SCALE: NON RESIDENTIAL NO. 02529-12 STANDARD DRAWING NONE DRIVEWAY APPROACH Dec. 2003 5.5' TYP. NOTE: IF SIDEWALK EXTENDS TO CURB, INSTALL APPROACH AS PER STANDARD PROPERTY LINE-S__ DRAWING 02529-5, WITH 15' CURB 1 TRANSITION SECTIONS. 5' TYP. VERTICAL CURB OR INTEGRAL CURB & GUTTER EXPANSION JOINTS INSTALL EXPANSION JOINT IF DRIVEWAY r___'�IS P.C.C. PAVEMENT 35' MAX. COMMERCIAL 40' MAX. INDUSTRIAL A A CONTRACTION JOINTS (TYP.) - SPACE AT 5' INTERVALS IN SIDEWALK, 10' INTERVALS IN APRON 3 TRANSITION TOP OF CURB TO---"'j MATCH SIDEWALK Y a w EXPANSION JOINTS AT o CURB RETURNS CURB & GUTTER SIDEWALK DRIVEWAY APRON DRIVEWAY (A.C.C. OR P.C.C. PAVEMENT) 5' TYP. 5.5' TYP. 1/4" PER F0OT SLOPE STREET SURFACE WASHED ROCK 3" MIN. 6" THICK M-4000 CONCRETE SECTION A—A CITY OF BOZEMAN SCALE: NON—RESIDENTIAL NO. 02529-13 STANDARD DRAWING NONE DRIVEWAY APPROACH Dec. 2003 FOR ARTERIAL STREETS I BACK OF CURB SOLID COVER 1' 5' 5.5' TYP. FLOWLINE SIDEWALK BOULEVARD (� EXPANSION JOINT 1Z'11 1.5' EXPANSION JOINTS 10 6 VARIES 6 15 CONCRETE DROP CURB HEAD CHANNEL NORMAL CONCRETE GUTTER LINE IFCO STYLE S(SO COVER)TRENCH GRATING (OUTLET CHASE ONLY) WITH STYLE B TRLIDAME,D k l FOUNDRY J SERIES' WITH SOLID, BOLT DOWN COVERS,(OR APPROVED EQUAL) PLAN VIEW - N.T.S. IFCO STYLE S(SOLID COVERT TRENCH GRATING WITH STYLE B AWE, D t FOUNDRY J SERIES" PROVIDE WITH SOLID, BOLT DOWN COVERS,(OR APPROVED EQUAL) EROSION CONTROL FLOWLINE AS REOUIRED 2%-1 EXPANSION JOINT <---1.5%MIN. 6" ••...•..+ 4" BASE COURSE AS 5.5'(TYP.) REQUIRED SIDEWALK BOULEVARD v LEND COVER CURB k CUTTER LEND CHASE INLET CHASE IFCO STYLE S(50LID COVER)TRENCH GRATING WITH STYLE B RAME,0 R L FOUNDRY"J SERIES" WITH SOLID, BOLT DOWN COVERS,(OR APPROVED EQUAL) LOWLINE 0.59 MIN, 6 ............. ............. .............I..........................................................a-4" BASE COURSE V AS 1.5 5' 5.5'(TYP.) 2' REQUIRED SIDEWALK BOULEVARD CURB GUTTER PER STD.DRAWING 1=25-1 SECTION B - N.T.S. OUTLET CHASE IFCO STYLE S(SOLID COVER)TRENCH GRATING WITH STYLE B FRAME, D k L FOUNDRY"J SERIES" WITH SOLID,BOLT DOWN COVERS, (OR APPROVED EQUAL) {"SIDEWALK W+ 2 I 2" ••••••• •••• 6" w h 6" •••••••••••••• DIMENSIONS.,AND h VARY,SIZE ...... ....... .............. TO BE DETERMINED BY ENGINEER EXPANSION JOINT BASED ON 25-YEAR EVENT, BUT NO 6, LESS THAN 6"AT CURB OPENING .......... .......... BASE COURSE • • • • CONCRETE SHALL BE M-4000 COVERS MUST BOLT DOWN TO FRAME 4" MIN. SECTION A - N.T.S. CITY OF BOZEMAN SCALE: CONCRETE STORM DRAINAGE NO. 02529-14 STANDARD DRAWING NONE OUTLET AND INLET CHASES DEC. 2003 Rev: Aril 2005 FUTURE SIDEWALK 5' 5' 6^ 6'(MIN) SIDEWALK PROPERTY LINE VARIFS LIMIT OF PUBLICLY MAINTAINED SIDEWALK CURB & GUTTER 5' Li s' �I NOTE: PUBLICLY—MAINTAINED SIDEWALKS TO BE 6" THICK M-4000 CONCRETE REINFORCED WITH 1.5 LBS FIBERMESH PER C.Y. FUTURE SIDEWALK CITY OF BOZEMAN SCALE: PUBLICLY—MAINTAINED SIDEWALK NO. 02529-15 STANDARD DRAWING 1"= 5' CONSTRUCTION STANDARD MARCH 2O05 2B§ }d tm) ƒ m (§/<§ tee _ \a [ LL �}` - �} EL( j B \ POO- \ } § § § § LU § " • <w 2 k e k _ { j 4 p2 /k ( k \ ) Lj k/ 0 \ /\ « - \ \ \k§\ �§ Q/ k\ �°b° 90 Q� ujz &� o EL- ZN - maf\B \§be 0 C.) ems „; ` I) )e� Km52 m§ � �« 22� zz§j -mmo /6 5� nE0Gez (j (� z AO o< . <! 2 <§ \ § \} wawDb k Er j _\ 00 CITY Of BOZEMAN SCALE: ASPHALT PATHWAY NO. 02529-16 STANDARD DRAWING NONE TYPICAL SECTION JAN. 2006 00 o z m o a N = f)_2 03mm ft/n�W zm LL Ld U�o Z ' L U �OW wL)IL m v ' 0 N w EL 0 N ` Q a x .'` o N ;.( z li ^v = W D r Zi z_ Z ' �'•3.. W x Q W Q U mmLLI Q JU O YN O NU m U m FY �0 (� m0 O Z, J FD W H z_w zz z0 3 x w 73 - � �J �W tTj Z L) W� U J WW JO x UO Ali N v� aQx it z at ND z U. z 3 cV Mi CITY OF BOZEMAN SCALE: CONCRETE CLASS 1 TRAIL NO. 02529-17 STANDARD DRAWING NONE TYPICAL SECTION April 2006 \ 01 »: )z Nc /\\ } } pt \ LJ LLJ F- LU lo _ e \\\ \\ \0 §; }§ §) §§ km moo \) i3 w \� / §§ ,� a2G2 / zi j§ CITY OF BOZEMAN eeeee CLASS H TRAIL NO. 02529-18 STANDARD DRAWING NONE TYPICAL SECTION April 2006 * 6' — 0" as a aQ. 7"� *Depth will vary proportionately with width of cross drain 3" GRAVEL 3' CROSS DRAIN CONTROL JOINT — SEAL WITH BITUMINOUS JOINT SEALER EXPANSION JOINT 6" 8" 10" EXTEND EXPANSION TUBES 3/4" PAST END OF STEEL DOWEL TO ALLOW FOR EXPANSION (IF DOWELS ARE USED) FILLET TO BE PLACED ON 3" COMPACTED GRAVEL BASE OR STREET BASE, WHICHEVER IS GREATER. CONCRETE TO BE EXPANSION JOINT AT 6" DEPTH FROM P C (TYP) FACE OF CURB TO STREET 15' R (iyP.) 3/4" STEEL DOWELS (OPTIONAL) CITY OF BOZEMAN SCALE: STANDARD FILLET NO. 02529-2 STANDARD DRAWING NONE AUG. 1994 2" TO 2 1/2" DIAMETER BRASS CAP WITH ROUNDED TOP, SET FROM REFERENCE POINTS. ENGINEER TO MARK MONUMENT POINT IN CAP AFTER INSTALLATION. STREET PAVEMENT "'�-1/8" TO 1/4" BELOW PAVEMENT 6" TO 9" BUT NO . . . . . . . . . . . . . . . DEEPER THAN 1/2" ABOVE BOTTOM OF BOX. _,!• :::.,.;.: ;,•� .d ir• ••la: ..a GRAVEL BASE ` .. '-�;i: .. ..... . .. ... .....•...... .. . =:�`.•. . . MIN. ; a LEAVE GRAVEL EXPOSED FOR DRAINAGE. 3'-0" MIN. a . STANDARD CONCRETE (6 1/2 SACK MIX OR BETTER) °a• : POURED IN PLACE OR PRECAST AND SOLIDLY PLACED. J NON REINFORCED 6" MIN., '. ROUND OR SQUARE WITH 1/2" CHAMFERED CORNERS OR a REINFORCED PRECAST 4" SQUARE WITH 1/2" CHAMFERED CORNERS AND 4 NO. 2 REBARS. MONUMENT BOX INLAND FOUNDRY CO. PATTERN NO. 1034 OR APPROVED EQUAL. CITY OF BOZEMAN SCALE: TYPE I STREET MONUMENT NO. 02529-3 STANDARD DRAWING NONE Dec. 1999 RIVEWAY EXPANSION JOINT EXPANSION JOINT 12 MAX SLOPE . O� � 1.5" O� ::::•.::•:::::::::::.:::::::::::::•::::::::::::::::::•:::::•..' :.......:................. G .......................... ......................................................... I -I . EXPANSION JOINT FLOWLINE TRANSITION SECTION -5' MINIMUM -15' FOR NON-RESIDENTIAL APPROACH ON ARTERIAL STREETS 6" M-4000 CONCRETE DRIVEWAY 0 0 O 0•0 0 3" WASHED GRAVEL COMPACTED SUBGRADE SECTION VIEW CITY OF BOZEMAN SCALE: DRIVEWAY APPROACH NO. 02529-5 STANDARD DRAWING NONE WITH SIDEWALK Revised ADJACENT TO CURB Dec. 1999 A r------------------� ------------------------------------------------, 1j I `EXISTING CURBWALK j I { ISAW CUT OR j REMOVE AT JOINT I � I 11 It _ROUNDING I AS NEEDED i JOINT , --L-- .S•EE % I (SEE ) SEE BELO W —"�-'-- — -- ---------- --- -------- -------------------------- -----k—(60cm) FLOW T4NE J AREA OF NEW CONSTRUCTION REMOVE ETOSTING CURB AND GUTTER I EXISTING DRIVE A WIDTH OF DRIVEWAY VARIES OVER CURB MATCH EXSTING 2'—O'(50cm) ROUNDING TO MATCH EXlS11Nz EXISTING CURBWALK RESTORE FLOW LINE Ni STREET SURFACE1'.1 1'(2.5cm)U I --------- --------- ---� i • I 6;�)r ID ------------------ ---� a : C „ a c 0 000 00 00 00 00 • 0 cp . I 3'(Um) GRAVEL BASE SECTION A—A REVISED: 12/27/95 MONTANA PUBLIC WORKS SCALE: STANDARD DRAWING RETROFIT DRIVE APPROACH STANDARD SPECIFICATIONS NONE NO. 02529-6 Z a Q Of 0) 0 N N af CV W U w o O 1-15 a O v fr N Z _J LLJ ui 00 U LLJ O � o J Q cJ Q L, � J J `\ k' w LLJ ^F� J AS U ~ ' \ \ ,\ o cn 9 v m w 0- cn \ a Q o \ • /` ' \ z of o F-- o \ �•� o F z z o Q a E m i i N I M Q W 0) p t- (o a � N w U Q N U } wz p w IWZQO n 9 OPLIJ - F-Q F- D—§w Z \ R 0 o m 0 Z I aZ WZ � 0 0 F 7_ VI \\ EO OOU)N Z owz�aNE- W'j 0 / \ WJO 'OWv Jla—F- -i ZY>M U wj< � 0 \\ OZaQQJJf` QOW OM� �\ y �° \ mm}°zov) N QUA /o \ / J KQI FZ o N �QQ JJ>IwZ-O J Z \ Z g. o \/ 3a}oko-)o m�LL- Q o 2wwwwwQQ (2 Z O'� w\ 0wUIIJJoK UQ~ D�w�-<33(r 3 Jpo Ja0Q� 0Q,p\ v F .71 ol LLi 6 / U Z )� V) Q w CS \\ Z w Op N d�a \ JJ 0A •r w LL p AA 44 LLJ v o H X ,.:. m U Q ofZ N 1' Z Z= \ o0. w•; I a�•' Z J U �1 w p o V) J (n N N R = 15' BACK OF CURB v R d PT °a d Bd d. d.a. v 1 (TYP.) DOWEL WITH 24" N0.5 a. f EXPANSION REBAR 3" INTO BACK o " d.d C JOINTS OF CURB, 3' CLEAR < N R d a ••r r• .a d' d• d V < d. A r r••• 27 MAX. a ° e � r— .Ae X d •r••r ..5e'X.S,o-•Q .v•d,.. G' lIQ d` 5r••r v'SID WNGKI M 1:20 MAX. d 5' SIDEWALK (TYP.) d• v a 9 1 v ' v. •••r ^ d. N v e d •.•• 24 Min ed d a v v v v d d ' d d. ''° •••r• 4 'd SCALE: 1" =5' OWEL C 0 5 1/2' BLVD. (TYP.) a 6" THICK CONCRETE SURFACE RAMPS TO BE CONSTRUCTED WITH DETECTABLE �\ OPANSION Flow�ri,, J WARNING SURFACES COMPLYING WITH ADAAG OINT COVERING THE ENTIRE WIDTH OF THE RAMPS`. ONE CORNER OF THE DETECTABLE WARNING MUST BE WITHIN B OF GUTER FLOW LINE' NO OTHER POINT ON THE MORENG EDG5'O T THEETELTWBLE WARNING STORM DRAIN INLET (TYPICAL LOCATION) REINFORCE CONCRETE IN RAMPS WITH FIBERMESH'"AT A RATE IF 1 1/2 lbs./C.Y. OR WITH 6x6x10 GAUGE WIRE MESH 12"� 5'-0" � 12" LTRANSITION TO NORMAL SIDEWALK TOP OF CURB ELEVATION. DISTANCE VARIES. SIDEWALK 5' SIDEWALK 5.5" NO LIP J 5.5' LANDING FLOW LINE VARIES SECTION B-B NO LIP V �` 9.5 µnx• NO SCALE 6„ STANDARD CURB SECTION 2 1/2'DEPRESSED SIDEWALK LANDING 6" 6" CONCRETE O 3�GR VEL BASE NP. RAMP ( ) SECTION A-A NO SCALE SECTION C-C NO SCALE CONSTRUCTION NOTES: 1. Standard applies to new construction, with max. curb R=15% and min. 5.5' boulevards. 2. Ramp and curb can be poured monolithically. 3. Storm drain inlets shall be constructed "upstream" of ramps. Alternative locations permitted only upon City Engineers approval. 4. Ramp width shall be 5' minimum. 5. Sidewalk cross—slopes shall not exceed 2%. BOULEVARD SIDEWALK NO. 02529-8 CITY OF BOZEMAN SCALE: PERPENDICULAR AS SHOWN PEDESTRIAN RAMP NOV. 1995 STANDARD DRAWING (15' MAX. RADIUS/5.5' MIN. BOULEVARD) Revised April 2006 USE BLENDED TRANSITION RAMP WHERE n LIMITATIONS DUE TO BOULEVARD WIDTH, I Pew RIGHT-OF-WAY,CURB RADIUS,OR INTERSECTION y ANGLE PREVENT THE USE OF STANDARD RAMPS PER V C.O.B STANDARD DRAWING 02529-8 DETECTABLE WARNING TO BE A MINIMUM OF 4' w WIDE,CENTERED ON THE CROSSWALK(S). �„ w ,,R4 ti'.'•,•.•. EXPANSION JOINT t.IF 2X SIDEWALK a XXX Drop Curb N ® Curb Transition 2%MAX 1.5 0 MTN EXPANSION JOINT N .. LENGTH AS REQUIRED TO MATCH STANDARD SIDEWALK GRADE b 3 w m Landing Ramp No Lip 5'Min Varies Sidewalk �zi ntnx �Ax 3"Gravel Base(Typ.) 4"Concrete 6"Concrete Reinforced with 1.51bs. Fibermesh/C.Y.or 6x6xl0 Gauge Wire Mesh SECTION A-A Not to Scale CITY OF BOZEMAN SCALE: BLENDED TRANSITION NO. 02529-BA STANDARD DRAWING NOT TO SCALE PEDESTRIAN RAMP APRIL 2006 f 1' FROM EDGE OF GUTTER OR FACE OF VERTICAL CURB 8" White Standard i 24" White Stop Line 81 Standard 4' Min. NOTES: See Note 2 (1) THE LOCATION OF THE CROSSWALK LINES ARE DEPENDENT UPON LOCATION OF THE SIDEWALKS. (2) 4' MINIMUM FOR SINGLE LANE APPROACHES. FOR MULTI-LANE 24" White\ APPROACHES , SETBACK BASED ON Stop Line ENGINEERING DESIGN. (3) USE YIELD LINE FOR UNCONTROLLED CROSSINGS, STOP LINES FOR CONTROLLED CROSSINGS. CITY OF BOZEMAN SCALE: TYPICAL PAVEMENT MARKINGS NO. 02581 -1 NONE FOR PEDESTRIAN CROSSINGS FEB. 1996 STANDARD DRAWING TYPE "A" CROSSINGS Revised May 2017 l� [ M �ft>altl faaf l^,ll�itl Y..,if rr :' 2'. MIN. 3.5' MAX_ 1 JL 2' -T YIELD LINE SCHOOL CROSSING OR UNCONTROLLED CROSSING . -------------------- c 3, . _ - ----- SEE NOTE 3 SPACE BARS TO 2' BE OUT OF WHEEL 8' TYPICAL PATHS J r� NOTES; [ (1) THE LOCATION OF THE CROSSWALK LINES ARE DEPENDENT UPON LOCATION OF [ THE SIDEWALKS. (2) USE YIELD LINE FOR UNCONTROLLED N CROSSINGS, STOP LINE FOR CONTROLLED ' CROSSINGS (3) 4' MINIMUM FOR SINGLE LANE 4 APPROACHES. FOR MULTI-LANE APPROACHES, SEE MUTCD SEC 3B-16 ---...... [ CITY OF BOZEMAN SCALE: TYPICAL PAVEMENT MARKINGS FOR NO. 02581 -2 STANDARD DRAWING NONE SCHOOL/OR UNCONTROLLED FEB. 1996 CROSSINGS (TYPE "B" CROSSINGS) Revised May 2017 . .' , ::.. • 'd B B 3 V REDUCER MIN. UNDISTURBED EARTH ■r ■ TEE TEE (Plugged) BEND STANDARD DIMENSIONS FOR THRUST BLOCKING TEES & PLUGS 90°BEND 4eBEND & WYES REDUCERS & Fl771NG 22 1/20BEND SIZES A B A B A B A B 4" 1'-7" 1'-2" 1'-9. 1'-6" 1'-8. 0'-10' 1'-7" 0'-6" 6' 2'-0" 1'-11" 2'-5' 2'-2" 1'-10" 1'-7" 1'-9" 0'-f0" 8" 2'-8" 2'-6' 3'-2' 3'-0" 2'-5" 2'-1" 1'-9" 1'-6" 10" 3'-4" 3'-3" 4'-0' 3'-10" 3'-0' 2'-9" 2'-2' 12" 4'-0" 3'-10' 4'-8" 4'-8" 3'-8" 3'-3" 2'-7" 2'-3" 14" 5'-5" 3'-10" 6'-6' 4'-11" 4'-9" 3'-5' 3'-5' 2'-5" METRIC DIMENSIONS FOR THRUST BLOCKING TEES & PLUGS 900BEND 450BEND & WYES REDUCERS & FITTING 22 1/2°BEND SIZES A B A B A B A B 10cm 0.5m 0.4m 0.5m 0.5m 0.5m 0.3m 0.5m 0.2m 15cm 0.6m 0.6m 0.7m 0.7m 0.6m 0.5m 0.5m 0.3m 20cm 0.8m 0.8m 1.Om 0.9m 0.7m 0.6m 0.5m 0.5m 25cm 1.Om 1.0m 1.2m 1.2m 0.9m 0.8m 0.7m 0.6m 30cm 1.2m 1.2m 1.4m 1.4m L I m 1.0m 0.8m 0.7m 36cm I 1.6m 1.2m 2.0m 1.5m 1.4m 1.0m 1-Om 0.7m NOTES: 1. THESE TABLES ARE BASED ON 150 PSI(1030 kpa) MAIN PRESSURE 2.WRAP ALL FITTINGS WITH POLYETHYLENE. 2000 PSF(9800 kg/mg) SOIL BEARING PRESSURE REVISED: 12 27 95 M0NTANA PUBLIC WORKS SCALE: THRUST BLOCKING STANDARD DRAWING STANDARD SPECIFICATIONS NONE FOR WATER MAIN FITTINGS NO. 02660-1 UNDIS URBED EARTHY(TYP ) CONCRETE THRUST MJ GLAND BLOCK (TYP.) :• MJ GLAND " D.I. MJ D.I. D.I. PIPE TEE PIPE PIPE MJ VALVE D.I. MJ GLAND PIPE O 3/4" MIN. CORROSION RESISTANT ALL THREAD RESTRAINING ROD, CONFORMING TO ASTM A242-81, MJ VALVE INSTALLED IN HALF THE AVAILABLE MECHANICAL JOINT BOLT HOLES (TYP.) WHERE NECESSARY, CLAMPING LUGS (ROMAC "DUCTILE LUG" OR EQUAL) DESIGNED TO FIT DUCTILE IRON (D.I.) PIPE, AND CONFORMING MJ GLAND TO ASTM 536-80 MAY BE USED IN CONJUNCTION D.I. WITH THE RESTRAINING RODS. PIPE CITY OF BOZEMAN SCALE: TYPICAL VALVE/TEE NO. 02660-10 STANDARD DRAWING NONE RESTRAINT DEC 2003 a O M w 0 CON ao a Nc) uW J Z .a..N O La Q "' //\\� Y 0 O Z m m r'. /\\�/\\ O Z Z in Q J 00 \\ 0 fJ 1 \\\\\ 03 CL Z OLLI O � LLJ w w LLJ m w \�\\\; N Q U (/ U) Q ~ / w L� Z C LLJ \\ c- c Z J :2 � Z / LLJ LLI a aop wIL N L N wQ _ 0 g o W LLI � �LQiJ p o a �Z 0 F— LLJ O mW0 0Z W Q Z / O ELJ moo \� zzwWF a m 0 o. W ~ Q-m pa W w w N Z F=--J LLI a00 \%� w cn �' Lli 0 —' E- w 3AWA M3N ',:\�� 0w 0cnCkf � _ LL- Y N W O OO wZ � Lu J \ Z Ln Z 4z F W -(-D LLJm w D W f mm �0 L-iQ (n Z �2 d U W w z m � ZN D _ X 0 V) 0 W NO PRESSURE GAUGES OR PRESSURE GAUGE FITTINGS WILL BE METER SIZED SAME AS INCOMING LINE — NO EXCEPTIONS. ALLOWED ON THE TEST PORTS BACKFLOW PREVENTION ASSEMBLY OF ANY BACKFLOW PREVENTION ASSEMBLY. REQUIRED BACKFLOW PREVENTION SEE NOTE 9 DEVICE TO BE DETERMINED BY WATER SUPERINTENDENT. FLANGE TO BE THREADED ON STANDPIPE, M.J. TO FLANGE ADAPTORS NOT ACCEPTABLE (TYPICAL FOR ALL RISER CONFIGURATIONS) 4" OR LARGER CLASS 51 DUCTILE IRON PIPE (TYP.) V MIN., 2' MAX. ABOVE FINISHED FLOOR FLOOR 4 ° a MECHANICAL 3/4" MIN. Red! Rod, INSTALLED IN EVERY OTHER AVAILABLE M.J. JOINT BOLT HOLES (TYPICAL)— 5/8" RODS ACCEPTABLE FOR 4" LINES MAIN THRUST 90' BEND WITH THRUST BLOCK BLOCK _ ` LEGEND TAPPING TEE & VALVE $ FLANGED OS&Y VALVE OR INSTALL VALVE AT PROPERTY LINE (TYPICAL FOR ALL RISER CONFIGURATIONS) PROVIDE FLEXIBLE, WATER—TIGHT CONNECTION FOR ALL WALL OR FLOOR CITY OF BOZEMAN REQUIREMENTS FOR INSTALLATION PIPE PENETRATION. OF BACKFLOW PREVENTION ASSEMBLY 1. The FIRST fitting inside of the building shall be a UL listed flanged Kennedy or Mueller OS&Y valve the same size as the service line. Combination strainer/meter immediately following OS&Y valve or elbow attached directly to OS&Y valve -- meter must set horizontal. V MIN., 2' MAX. ABOVE FINISHED FLOOR FLOOR 2. All Backflow Prevention Assemblies shall be: ° ', a. UL or FM listed. b. Approved by the University of Southern California Foundation for Cross Connection Control and Hydraulic Research (USCFCCCHR) for operation in the proposed position (vertical or horizontal) as shown MECHANICAL on approved plans. JOINT c. Installed as shown on the approved plans. 3. Horizontal installations must be a minimum of 2' and maximum of 3' above the finished floor. 90' BEND WITH 4. The service riser must be a minimum of 2' from any outside wall. •. THRUST BLOCK 5. The incoming service line shall be a minimum 6.5', and a maximum of 7.5' below the finished grade. 6. All service line appurtenances shall have a minimum pressure rating of 175 PSI. •:::::>:•:: 7. All service lines 4" and larger shall be Class 51 Ductile Iron Pipe. MIN., 2' MAX, g, Line sizing: The Backflow Prevention Assembly and meter shall be equal in size to both the incoming pipe diameter (upstream) and outgoing pipe diameter (downstream). For example, a 4" service line shall have a 4" meter and Backflow Prevention Assembly. 2' MIN., 3' MAX 9• A minimum of four (4) pipe diameters of straight run pipe is COATED STEEL CLEARANCE ABOVE required upstream and downstream of the meter/strainer assembly. WALL PLATE, FINISHED FLOOR 5/16" MIN. THICKNESS a o. CITY OF BOZEMAN SCALE: WATER SERVICE LINE NO. 02660-12 STANDARD DRAWING NONE FOR SIZES 4" AND LARGER DEC 2003 REV: JAN 2015 j 22k (0wz 04� j 0 z _ W U4u . b £ )cl q Lj j �� f \ \ § z < A 6) � j u q Cl = <o � § � � < G / km z 2 wok LLI o eon § 0 3§ ) S J of °\ Cl. CD » 2 7\ 8 \ 0 Z 0 \ ) \� < <p _ z [ z6 j <j < § g75; © \ a 8 0 \ � § z ]z » ) \ > % § 2 e � $ oq ~#° • °}z g \± §w §w \ \ G Q § < § / §In w g \®2 ¥ &\ g §§ < \ - z G a � §@/ \ j ) \ ] \\§ L 6° k �— § ~2 W A z w �LLI �� EW § § e = \ \ \ \ \ / (n e e $ i 2 y 2 a 2 a b \ E 55 § § v 5 u < \ co / TVM 601832301 #qz c «\ GW:�-j-j k U & w ¥®/az ( 2W aNU+IG #wJ m z x \/ )0) / ® §< � ONLY FITTINGS ALLOWED BETWEEN FIRST OS&Y VALVE AND NO PRESSURE GAUGES OR PRESSURE GAUGE FITTINGS WILL BE LEGEND BACKFLOW ASSEMBLY TO BE 90' BEND. ALLOWED ON THE TEST PORTS OF ANY BACKFLOW ASSEMBLY \1\D®/ •-E FLANGED OS&Y VALVE rFLOOR E TO BE THREADED ON STANDPIPE, O FLANGE ADAPTORS NOT ACCEPTABLE DOUBLE CHECK VALVE AL FOR ALL RISER CONFIGURATIONS) 4" OR LARGER CLASS 51 MIN. REQUIREMENT) % AS INDICATED ON DUCTILE IRON PIPE (TYP.) MIN., 2' MAX.ABOVE pp FINISHED FLOOR X APPROVED PLAN(S) d e e •t MECHANICAL 3/4" MIN. Redi Rod, INSTALLED IN EVERY OTHER AVAILABLE M.J. JOINT BOLT HOLES (TYPICAL) — 5/8" RODS ACCEPTABLE FOR 4" LINES MAIN90' BEND WITH THRUST BLOCK THRUST,-,"'� BLOCK TAPPING TEE & VALVE, CITY OF BOZEMAN REQUIREMENTS FOR INSTALLATION OF OR INSTALL VALVE AT DOUBLE CHECK VALVE ASSEMBLY PROPERTY LINE (TYPICAL FOR ALL RISER CONFIGURATIONS) 1. The FIRST fitting inside of the building shall be a UL listed flanged Kennedy or Mueller OS&Y valve the same size as the fire service line. 2. All Double Check Valve Assemblies shall be: a. UL or FM listed. b. Approved by the University of Southern California Foundation for PROVIDE FLEXIBLE, _ Cross Connection Control and Hydraulic Research (USCFCCCHR) for WATER—TIGHT CONNECTION operation in the proposed position (vertical or horizontal) as shown on approved plans. FOR ALL WALL OR FLOOR C. Installed as shown on the approved plans. PIPE PENETRATIONS. 3. A flow detection device shall be installed immediately following the Double Check Valve Assembly (alarm check valve, flow sensor/alarm, meter, etc.) as shown on the approved plans. Paddle—type flow alarms not permitted on dry systems. 4. A Double Detector Check Valve Assembly may be used with a standard FINISHED FLOOR' ABOVE FLOOR City of Bozeman meter. The meter loop of the Double Detector Check e Valve shall have a Double Check Valve Assembly installed which meets a the some installation criteria specified above in requirement number two. o 5. Horizontal installations must be a minimum of 2' above the finished o floor. MECHANICAL JOINT 6. The fire service riser must be a minimum of 2' from any outside wall, and a minimum of 1' from any interior wall. 10, MAX.* 7. The incoming fire service line shall be a minimum 6.5% and a max— imum of 7.5' below the finished grade. 90' BEND WITH 8. All fire service line appurtenances shall have a minimum pressure THRUST BLOCK rating of 175 PSI. 9. All fire service lines 4" and larger shall be Class 51 Ductile Iron Pipe. 10. Line sizing: The Double Check Valve Assembly shall be equal in size to both the incoming pipe diameter (upstream) and outgoing pipe diameter (downstream). If-1' MIN., 2' MAX. * PER NPPA-24 FIG A.10.6.3.1 } 2' MIN., 3' MAX CLEARANCE COATED STEEL) ABOVE FINISHED FLOOR WALL PLATE, 5/16' MIN. THICKNESS STANDARD FIRE SERVICE CITY OF BOZEMAN SCALE: LINE INSTALLATION NO. 02660- 13 STANDARD DRAWING NONE DEC 2003 FOR CLASS I, II, & III SYSTEMS REV: APRIL 2013 ONLY FITTINGS ALLOWED BETWEEN FIRST OS&Y VALVE AND NO PRESSURE GAUGES OR PRESSURE GAUGE FITTINGS WILL BE BACKFLOW ASSEMBLY TO BE 90' BEND. ALLOWED ON THE TEST PORTS OF ANY BACKFLOW ASSEMBLY r' FLOOR E TO BE THREADED ON STANDPIPE, O FLANGE ADAPTORS NOT ACCEPTABLE AL FOR L RISER CONFIGURATIONS) LEGEND 4" OR LARGER CLASS 51 DUCTILE IRON PIPE (TYP.) FINISHED FLOOR ABOVE FLANGED OS&Y VALVE d n .. a. n REDUCED-PRESSURE MECHANICAL BACKFLOW-PREVENTION 3 4" MIN. Redi Rod, INSTALLED IN ASSEMBLY(MINIMUM JOINT i� / REQUIREMENT)AS INDICATED MAIN� EVERY OTHER AVAILABLE M.J. ON APPROVED PLAN(S) BOLT HOLES (TYPICAL) — 5/8" RODS ACCEPTABLE FOR 4" LINES THRUST/,/� 90' BEND WITH THRUST BLOCK BLOCK TAPPING TEE & VALVE, CITY OF B02EMAN REQUIREMENTS FOR INSTALLATION OF OR INSTALL VALVE AT REDUCED PRESSURE BACKFLOW PREVENTION ASSEMBLY PROPERTY LINE (TYPICAL FOR ALL RISER 1. The FIRST fitting inside of the building shall be a UL listed flanged CONFIGURATIONS. Kennedy or Mueller OS&Y valve the some size as the fire service line. 2. All Reduced Pressure Backflow Prevention Assemblies shall be: a. UL or FM listed. PROVIDE FLEXIBLE, b. Approved by the University of Southern California Foundation for Cross Connection Control and Hydraulic Research (USCFCCCHR) for WATER—TIGHT CONNECTION M operation in the proposed position (vertical or horizontal) as shown on approved plans. FOR ALL WALL OR FLOOR c. Installed as shown on the approved plans. PIPE PENETRATIONS. 3. A flow detection device shall be installed immediately following the Reduced Pressure Backflow Prevention Assembly (alarm check valve, flow sensor alarm, meter, etc. as shown on the approved plans. Paddle—type flow Dorms not permittedon dry systems. 1' MIN., 2� MAX. ABOVE FINISHED FLOOR FLOOR 4. Horizontal installations must be a minimum of 2' above the finished 3 floor. e ° 5. The fire service riser must be a minimum of 2' from any outside wall, and a minimum of 1' from any interior wall. ECHANICAL JOINT 6. The incoming fire service line shall be a minimum of 6.5', and a max— imum of 7.5' below the finished grade. 10' MAX.* 7, All fire service line appurtenances shall have a minimum pressure rating of 175 PSI. 8. All fire service lines 4" and larger shall be Class 51 Ductile Iron Pipe. 90* BEND IT THRUST BLOC H 9. Line sizing: The Reduced Pressure Backflow Prevention Assembly shall be THRUST equal in size to both the incoming pipe diameter (upstream) and outgoing pipe diameter (downstream). 10. A drain is required. 3 * PER NPPA-24 FIG A.10.6.3.1 I�-1' MIN., 2' MAX. } 2 MIN., 3' MAX CLEARANCE COATED STEEL ABOVE FINISHED FLOOR WALL PLATE, 5/16' MIN. THICKNESS ° STANDARD FIRE SERVICE CITY OF BOZEMAN SCALE: LINE INSTALLATION NO. 02660-14 STANDARD DRAWING NONE Dec 2003 FOR CLASS IV & V SYSTEMS REV: APRIL 2013 R. NEAREST FOUNDATION WALL TO CURB STOP CURB STOP AND BOX SEE DETAILS A & B BELOW WATER MAIN 6.5' MIN. COVER WATER SERVICE LINE STUB (SEE C.O.B. STANDARD WATER SERVICE LINE--I DRAWING 02660-6) INSTALLED BY CUSTOMER (SERVICE APPLICATION & PLUMBING PERMIT REQUIRED) NOTE: METER SIZED SAME AS INCOMING LINE-NO EXCEPTIONS. FOUNDATION BACKFLOW PREVENTION ASSEMBLY WALL (AS REQUIRED) 1'MIN./2' MAX SERVICE LINE • ANGLE STOP 1' MI ./2' MAX BACKFLOW PREVENTION TO DOMESTIC METER ASSEMBLY (AS REQUIRED) FIXTURES FOUNDATION M 1, TO DOMESTIC WALL \ M FIXTURES • DOWNSTREAM SHUTOFF •• DOWNSTREAM V SHUTOFF •• 2' MAX METER* .+ 1' MIN. ANGLE STOP OR STRAIGHT STOP FLOOR *METER SAME SIZE AS INCOMING LINE-NO EXCEPTIONS, METER MUST CONNECT DIRECTLY TO ANGLE OR STRAIGHT STOP AND QUARTER-BEND COUPLING BACKFLOW DEVICE (1 1/2" & 2" SERVICES ONLY) **DOWNSTREAM SHUT OFF VALVE MUST BE SEPARATE FROM BACKFLOW DEVICE DETAIL B DETAIL A TYPICAL FLOOR PENETRATION (N.T.S.) TYPICAL WALL PENETRATION (N.T.S.) (CRAWL SPACE) INSTALLATION REQUIREMENTS: 1. WATER SERVICE LINE INSTALLATIONS SHALL CONFORM TO THE REQUIREMENTS OF THE CITY OF BOZEMAN WATER SUPERINTENDANT. 2. SERVICE LINES SHALL BE TYPE K COPPER FOR 3/4', 1", 1 1/2', AND 2' SERVICES. SEE STANDARD DRAWING NO. 02660-12 FOR 4" AND LARGER DOMESTIC SERVICE LINES. SERVICE LINES BETWEEN 2" AND 4" ARE NOT ALLOWED. 3. STRAIGHT COPPER TUBING SHALL BE USED FOR 1 1/2" AND 2' SERVICES. 4. SERVICE LINES SHALL BE BEDDED 3" UNDER AND OVER THE PIPE WITH SAND. NATIVE MATERIAL MAY BE USED AS BEDDING IF IT CONFORMS TO THE REQUIREMENTS OF MONTANA PUBLIC WORKS STANDARD DRAWING 02221-2 AND DOES NOT CONTAIN ANY MATERIAL LARGER THAN 3/4". 5. PROVIDE FLEXIBLE, WATER TIGHT CONNECTION FOR ALL WALL OR FLOOR PIPE PENETRATIONS. 6. METERS SHALL BE INSTALLED BY THE CITY WATER DEPARTMENT AT CUSTOMERS' EXPENSE. 7. NO SERVICE LINE SHALL BE BACKFILLED UNTIL IT HAS BEEN INSPECTED AND APPROVED BY THE WATER DEPARTMENT. B. CONTACT CITY OF BOZEMAN WATER DEPARTMENT FOR APPROVED LIST OF COPPER CONNECTIONS. 9. WATER SERVICE LINE MAY BE REDUCED TO A SMALLER SIZE THAN THE WATER SERVICE STUB. REDUCTION MUST BE MADE WITHIN 18' OF CURB STOP. 10. METER, BACKFLOW PROTECTION, AND INCOMING SERVICE LINE MUST ALL BE THE SAME SIZE. CITY OF BOZEMAN SCALE: WATER SERVICE LINE NO. 02660-15 STANDARD DRAWING NONE FROM CURB STOP TO BUILDING Dec. 2003 (LINES 2" AND SMALLER) Rev. April 2006 60' R.O.W. !I 30 (TYP.) O JC3 19' P. WATER w 30' (-YP.) SEWER y m w k y © O O w 3 Id PROPERTY / LINE 1 (TM�) 1. WATER MAINS LOCATED 19' FROM THE NORTH OR WEST RIGHT—OF—WAY PROPERTY LINE FOR STREETS 35' IN WIDTH OR GREATER. WATER MAINS LOCATED 5.5' WEST OR NORTH OF STREET CENTERLINE FOR STREETS LESS THAN 35' IN WIDTH (BACK OF CURB—BACK OF CURB) 2. WATER SERVICE STUB LOCATED AT CENTER OF LOT; SEE C.O.B. STANDARD DRAWING NO. 02660-6 FOR DETAILS. 3. WATER MAIN VALVES LOCATED AT PROPERTY LINE. 4. SEWER MAINS LOCATED ON STREET CENTERLINE FOR STREETS 35' IN WIDTH OR GREATER. SEWER MAINS LOCATED 5.5' EAST OR SOUTH OF STREET CENTERLINE FOR STREETS LESS THAN 35' IN WIDTH 5. SEWER SERVICE STUB LOCATED 15' UPSTREAM FROM DOWNSTREAM PROPERTY LINE. 6. WATER & SEWER MAIN CROSSING; SEE M.P.W. STANDARD DRAWING NO. 02660-2 FOR DETAILS. 7. HYDRANTS LOCATED 5' FROM VALVE OR ON PROPERTY LINES EXTENDED FOR MID—BLOCK LOCATIONS. CITY OF BOZEMAN SCALE: WATER & SEWER MAIN AND NO. 02660-16 STANDARD DRAWING NONE SERVICES LOCATION Dec. 2003 STANDARDS FINISHED WALLS FINISHED WALLS DOWNSTREAM SHUTOFF DOWNSTREAM SHUTOFF BACKFLOW DEVICE Z BACKFLOW DEVICE N METER `O METER ANGLE STOP <> ANGLE STOP 12" MIN CLEAR 6" MIN CLEAR 3/4" AND 1" COPPER SERVICES 1 1/2" AND 2" COPPER SERVICES PLAN VIEW PLAN VIEW F- FINISHED WALL 4-- FINISHED WALL J J U U Z Z_ g N Lo BANGLE STOP ANGLE STOP FINISHED FINISHED 1' MIN /FLOOR 1' MIN /FLOOR 2' MAX (✓ 2' MAX (Y SERVICE PIPE SERVICE PIPE 3/4" AND 1" COPPER SERVICES 1 1/2" AND 2" COPPER SERVICES PROFILE VIEW PROFILE VIEW NOTE: PROVIDE FLEXIBLE, WATER-TIGHT SEAL FOR ALL FLOOR PENETRATIONS CITY OF BOZEMAN SCALE: WATER SERVICE NO. 02660-17 STANDARD DRAWING NONE INTERIOR CLEARANCES APRIL 2005 & UO S IL 2 E CD 3§/ /\ ) ( 22u e - ..= U _j / \ \ j\ \ z � ±� gpg � g . __ , _ CL °/ Uo ± =E ƒR { o O Q s j 6 § ) § i % ( 2 \ »G )E§ % 5 ^ " § me e § 22 wc, ± w w �� = E y< In m0Gj / $ L§w \\WD / \ \k W § w >00- E mac\ ° / f U <m s$ § ±a < ) 5 z ƒ` z \� Ea \ 3 w �) { ƒ / / /L) e C ° moo 2 �__ -J o u \\ \ \ F 3 Oaf �� < 2 zo fid [5/ - 5/3 §u« m(2 ) e } R CLZ^ <X �4 \ )} oE» �zuu } ®\\\\ ±) g[§\/ /§/ jwC) \�§ -J Z \ e §$®m) 2E \//k °22 oa- �k)u ) E / co a-4� E0E\> \27 emu \< \\g$ 2 eL o % E(D-1 w °E�Ek o4� �R og=z )� § / 2 E7/E§E \L %mJ<m iz)} g z 0 0 U) §�zW eb22 7 \jƒ\ 2 « m � O � E- r e§% _Wrl c /x 0,) \ �o ± \ %\ }\}/ 0m C)0C) \ \) MONITOR COVER WITH LOCKING ELECTRONIC METER READING LID. CURB STOP AND WASTE 4" POLYSTYRENE (IRRIGATION DRAIN) CURB STOP & INSULATION. WASTE FINISHED GRADE -------------------------- 1�" & 2" WATER METER e ANGLE BALL _ ZEIACKFLOW PREVENTER IN METER VALVE z INSULATED IRRIGATION BOX. PVC SUPPORT (TYP) W 0 FORD PLASTIC PITSETTER METER PIT Li (OR APPROVE EQUAL) INSTALL CURB STOP & NOTE: COVER WASTE (IRRIGATION DRAIN) METER WITH CURB STOP AND 4'X4' FLEX WASTE/BOX WITH METER PIT END OF COPPER/BRASS COMPRESSION "`��� INSULATING FITTINGS COUPLINGS FOR BLANKET (FORD TOWN WATER MODEL FIB) SHUT—OFF I IRRIGATION PIPE 36" COPPER BRACE BAR 1/3 CY I (NOT A BY—PASS) 1/3 C WASHEDD ROCKOCK Y OF 3/4" IRRIGATION METER PIT DETAIL WASHED ROCK 1 " & 2" WATER METER CURB STOP AND WASTE CURB STOP Q. WASTE (IRRIGATION DRAIN) IRRIGATION METER PIT DETAIL- PLAN VIEW IRRIGATION METER PIT CITY OF BOZEMAN SCALE: FOR NO. 02660-19 STANDARD DRAWING NONE 11" & 2" SERVICES APRIL 2017 NO VERTICAL REQUIREMENT WATER MAIN SEWER 10'-0" MIN. (D 20 (3m) PARALLEL ARRANGEMENT L L L 2 L 2 EXISTING PIPE 1 N.@ © I NEW PIPE �o. m) EXISTING PIPE 1 MI 2 1 �0.5m�O '}- NEW PIPE CROSSINGS O 5 NOTES: 1Q SPECIFIC MONTANA DEPART. OF HEALTH AND ENVIROMENTAL SCIENCES APPROVAL IS REQUIRED FOR A DISTANCE LESS THAN 10 FEET(3m) BETWEEN WATER MAIN AND GRAVITY SEWER. 20 NO EXCEPTION TO THE MIN. SEPARATION REQUIREMENT IS PERMITTED WHEN THE SEWAGE CARRYING PIPE IS A FORCE MAIN. AT CROSSINGS, ONE FULL LENGTH OF WATER MAIN PIPE SHALL BE LOCATED SO THAT BOTH JOINTS WILL BE AS FAR FROM THE FORCE MAIN AS POSSIBLE. 03 LESS THAN 18 INCHES(0.5m) OF SEPARATION IS PERMITTED WHEN THE GRAVITY SEWER AT THE CROSSING IS MADE FROM A SINGLE 20 F00T(6.1m) LENGTH OF AWWA PRESSURE PIPE AND THE CROSSING ANGLE IS APPROXIMATELY 90 DEGREES. SPECIFIC MONTANA DEPART. OF HEALTH AND ENVIROMENTAL SCIENCES APPROVAL IS REQUIRED FOR A VERTICAL SEPARATION OF LESS THAN 18 INCHES(0.5m) BETWEEN WATER MAIN AND SANITARY SEWER Q "L" IS A STANDARD LENGTH OF PIPE AS SUPPLIED BY A PIPE MANUFACTURER. 135 ADEQUATE STRUCTURAL SUPPORT FOR PIPES AT CROSSINGS SHALL BE PROVIDED. REVISED: 12/27/95 MONTANA PUBLIC WORKS SCALE: WATER AND SEWER MAIN STANDARD DRAWING STANDARD SPECIFICATIONS NONE SEPARATION NO, 02660-2 REBAR ANCHOR 0 0 0 0 1 .l de v '• ��\ a de e e..a ..e c. \/ a d d \\/� CONCRETE i ` d d ' ANCHORS \/ \ \ B" "A" NOTE: COAT RODS WITH "KOPPERS" BITUMASTIC NO. 50 COATING OR EQUAL. THRUST BLOCK DIMENSIONS A"hur vain° 100 PSI 150 PSI 200 PSI 250 PSI 300 PSI s=e S'=° A B C A B C A B C A B C A 8 C 1 2 6" 8'2'-0" 2'-0 2'-0'2'-0"2'-0"2'-0"2'-0'2'-0"2'-0' 2'-0 2'-0" 2'-0 2'-0"2'-0'2'-7' -0" 2'-0 2'-0'2'-6 2'-6 2'-0"2'-9'2'-6"2'-6' 3'-0 3'-0'V-0 S-7 3'-0 3'-0' 1 2 1 " 2'-3" 2'-0 2'-0'3'-0 3'-0 2'-8"3'-5'3'-0"3'-0" 4'-3 3'-D"3'-D 5'-1 3'-0 3'-0' 1 14' 2'-3' 2'-0 2'-0"3'-5 3'-0 3'-0"4'-6"3'-0"3'-0" 4'-0 4'-D"4'-0 4'-9 1 8 16' 3'-0" V-0 3'-0-4'-4 3'-0 3'-0"4'-l'4'-0"4'-0" 5'-7 4'-0"4'-0 6'-1 4'-0 4'-0' 1 4 1 8' 3'-8' 3'-0 3'-0'5'-5 V-0 3'-0'5'-1"4'-0"4'-0" V-4 4'-0'4'-0 5'-9 V-0 5'-0" 3 8" 24" 4'-4" 4'-0 4'-0"6'-5 4'-0 4'-0"6'-6'5'-0"5'-0" V-5 6'-0"6'-0 7'-8 6'-D NOTE: Pressures shown above are maximum working pressures in system. THRUST BLOCKING AND ANCHORS ARE REQUIRED ON ALL 6" VALVES AND LARGER UNLESS SPECIFIED BY THE ENGINEER. MEGA—LUG OR APPROVED EQUAL JOINT RESTRAINTS MAY BE USED IN LIEU OF CONCRETE THRUST BLOCKS. THRUST BLOCKS NOT REQUIRED ON TAPPING VALVES CITY OF BOZEMAN SCALE: THRUST BLOCKING FOR NO. 02660-3 STANDARD DRAWING NONE WATER MAIN VALVES DEC 2003 8'— 0" MAX. 3'— 0" MIN. INSTALL PLUMB WITH TO BACK OF CURB PUMPER NOZZLE FACING STREET NEW HYDRANT, MUELLER SUPER CENTURION 250 OR WATEROUS PACER MIN. 4'— 0° CLEAR ALL AROUND (TREES, HEDGES, BUSHES, ETC.) ADJUSTABLE SCREW ELEVATIONS AS SHOWN TYPE VALVE BOX ON PLANS OR 0.2' WITH LID ABOVE TOP OF CURB GRADE GROUND LINE � UNDISTURBED EARTH \\\\\ MIN. 6.5' COVER %\�/\j\\�t::"..tii�.s�"�ra . ..:i�.;t�� •i::.y t.:-•u,.a�ie'r- *CONCRETE i j\ /i ° s e Y:}}.rs.' s..•r y THRUST %i\\�/il e•° a: TO MAIN LINE BLOCK .,.�" xr:^. •.c;+';.•••..�;•.•«ice. / '-` ..::f,•Y _.y:+ _ i;'.`�.. `Tyr,, JOINT AS REQUIRED FOR /�\\//\\n i]NN~ - t�L� �rr� _ '.Cii Y.:1 :t1 i•`�:t'. \\/ \\\ •- �„i `i - -;1, �sr,• '�� `" _ _•� PIPE SPECIFIED NEW 6° AUXILIARY GATE VALVE MIN. 1/2 CUBIC YARD WASHED GRAVEL FLANGE JOINT *MEGA—LUG OR APPROVED EQUAL JOINT RESTRAINTS MAY BE USED IN LIEU OF CONCRETE THRUST BLOCK CITY OF BOZEMAN SCALE: FIRE HYDRANT NO. 02660-4 STANDARD DRAWING NONE FEB 2008 PROPERTY LINE LIV w 2' MIN.' lk ly-FIRE HYDRANT .............. .......................................::....................... .................... .......................... ......................... SIDEWALK ............................ ....... ................................................... WATER MAIN CURB & GUTTER CURB WALK DETAIL ........... ....... PROPERTY LINE ................... -1-1............................. CURB & GUTTER ................... .............. .................................... .......... ................. ................ ..... ....... ....... . .. ..... ........ ... . ................... ..... ................. LFIRE HYDRANT VARIABLE 3' MIN. VALVE WATER MAIN -j 5- L (TYP.) BOULEVARD WALK DETAIL CITY OF BOZEMAN SCALE: HYDRANT LOCATION NO. 02660-5 STANDARD DRAWING NONE DETAIL Dec 2003 STEEL POST MARKER PROPERTY PAINTED BLUE LINE OR EASEMENT LINE 5 1/2 BOULEVARD (TYP.) 4' STREET SURFACE 5' SIDEWALK GROUND SURFACE (TYP.) �I 1 CURB BOX 11 5' PROVIDE 5' STATIONARY (TYP) ROD IN ALL CURB BOXES 6 1/2' MIN. COVER SEE DETAIL a' BELOW (TYPICAL EXCEPT IN SPECIAL CIRCUMSTANCES WHERE CITY HAS TAP BY CONTRACTOR APPROVED ALTERNATE LOCATION) CURB STOP WATER MAIN NO COUPLINGS OR OTHER JOINTS ALLOWED ON SERVICE PIPE FROM BASE MATERIAL CORP. STOP TO CURB STOP FOR 3/4" AND 1" SERVICES. STRAIGHT COPPER PIPE SHALL BE USED FOR 1 1/2" AND 2 SERVICES DETAIL OF A SELECT MATERIAL BACKFILL AREA PROPERLY CORPORATION STOP (SEE SPECIFICATIONS) CORPORATION STOP. //j j//j j/j j/ /jj/j j/j j j/j j//j j/%j//j j// STAP MAIN PRINGLINE.T // � / � / /j%%/j j%// DIA. MIN. SERVICE SERVICE PIPE 2 3 \\\\\\ 4 TRENCH BOTTOM\\\ -" 6" MIN. GENERAL NOTES: 1. WATER SERVICE LINES SHALL HAVE A MINIMUM 6 1/2 FOOT COVER MEASURED FROM THE EXISTING GROUND SURFACE, EXCEPT THAT COVER SHALL BE MEASURED FROM CENTER LINE STREET GRADE WHEN SERVICE LINES ARE LAID TO A STREET SIDE WHICH HAS AN UPHILL SLOPE. WATER SERVICE LINES SHALL HAVE A MAXIMUM 7 1/2 FOOT COVER AT CURB STOP. 2. WATER SERVICE LINES SHALL BE INSTALLED WHERE SHOWN ON THE DRAWINGS OR AS SPECIFIED. 3. BEDDING SHALL BE 1" DIA. MAXIMUM WITHIN 6" OF SERVICE PIPE. 4. INSTALL CURB STOP SO THAT OPERATING KEY IS PARALLEL TO STREET IN OFF-POSITION. CITY OF BOZEMAN SCALE: WATER SERVICE LINE NO. 02660-6 STANDARD DRAWING NONE DEC 2003 R 1' FINISH GRADE CURB BOX VALVE BOX TOP SECTION 8'MIN rMUELLER H-15428 STRAIGHT COUPLING WITH GALVANIZED OR BRASS CAP 6.5' MIN COPPER SERVICE LINE 2" COPPER SERVICE LINE 1/4 BEND COMPRESSION 2 COUPLING 1/8" DIAMETER 1 3 4 CURB STOP CORPORATION STOP PROVIDEI/8" DIAMETER DRAIN HOLE WATER MAIN CITY OF BOZEMAN SCALE: NO. 02660-7 STANDARD DRAWING NONE TYPICAL BLOWOFF Dec. 2003 PAINT POSTS AS NOTED BELOW O 26" \\\� ��\\. 34" i\\ \/ CONCRETE (TYP.) N 8" I.D. HEAVY-DUTY STEEL PIPE FILL WITH 2O00 P.S.I. CONCRETE 12" 36" 66" 21" 1 33" 33" NOTE: POST NOT REQUIRED WHERE NATURAL BARRIERS EXIST. PAINT POSTS WITH SHERWIN-WILLIAMS METALATEX SEMI-GLOSS COATING, SAFETY RED (B42 R38 620-4069). CITY OF BOZEMAN SCALE: HYDRANT NO. 02660-8 STANDARD DRAWING NONE BARRIER POSTS DEC 2003 INLET CASTING NEENAH R-3067-L, 4" MINIMUM, EJIW 7030, OR 7" MAXIMUM DEFTER 2047L, OR OPENING D & L I-35173517 • 5/8" SMOOTH ROD CENTERED IN OPENING (EXCEPT FOR EJIW 7030) 7771 " SQUARE FIAT TOP 6° °'. 24 OPENING d d d 36" R.C.P. ASTM C-76 CLASS 2 a, ° ° +' W BLOCK OUT FOR o INLET PIPE N a a 18" SUMP 4" 6" PRECAST BASE 44" O.D. CITY OF BOZEMAN SCALE: 36" STANDARD NO. 02720-1 STANDARD DRAWING NONE STORM DRAIN INLET Dec. 2003 Rev. March 2017 STEEL POST AT END OF SERVICE co PROPERTY VARIES N UNL. COMPACTED BACKFlLL (SEE SPECS.) 2'X2'(5cm X 5cm) WOOD MARKER C6'(15cm) SERVICE LINE MIN. 45'ELBOW SLOPE-2X MINIMUM IF REQ. PLUG IN LINE TEE FlTTING FOR NEW INSTALLATIONS. INSERT—A—TEE, OR AS APPROVED BY ENGINEER, FOR EXISTING INSTALLATIONS STORM SEWER MAIN STORM DRAIN SERVICE LINE (PRIVATE PROPERTY CONNECTION) REVISED: 2/17/2000 MONTANA PUBLIC WORKS SCALE: STANDARD DRAWING STANDARD SPECIFICATIONS NONE STORM DRAIN SERVICE LINE NO. 02720-10 HINGE DETAIL 3" x 3" x 1/2" ANGLE IRON 1" DIA. STEEL BOLTS WELD PIPE TO FLAT IRON 3" CIA. STEEL PIPE RCP (SIZE VARIES) #5 REBAR OR SMOOTH BAR PIPE HINGE SIZE VARIES (SEE DETAIL) L4' MAX. SPACING BETWEEN BARS PLAN VIEW NOTE: RACK TO BE PAINTED ALUMINUM COLOR 4" x 1/4" FLAT IRON, ALL BARS WELDED TO 3' x 3" x 1/4" ANGLE IRON WELDED TO EACH BAR 3" x 1/4' FLAT IRON WELDED TO EACH BAR BOTTOM OF RACK NOT FIXED TO INVERT SECTION VIEW CITY OF BOZEMAN SCALE: STORM DRAIN NO. 02720-11 STANDARD DRAWING NONE DEBRIS RACK DEC. 2003 Imo-- 5'�I INLET CASTING NEENAH R-3067-L, EJIW 7030 OR DEETER 2d47L, OR D & L 1-3517 TRANSITION CURB & GUTTER TO MATCH INLET CASTING (TYPICAL FOR ALL INLETS) PRECAST CONCRETE, M-3000 OR C-3000 VARIABLE (3' MIN.) NO. 4 BARS AT 12" CENTERS MAX., SPACED EQUALLY 6" (TYP.) FRONT VIEW 4" MINIMUM, 7" MAXIMUM OPENING 5/8" SMOOTH ROD CENTERED IN OPENING (EXCEPT FOR EJIW 7030) 1" MAX OFFSET ALLOWED FOR CASTING BACK PIECE ADJUSTMENT VARIABLE 2'-0" +� o• CURB AND GUTTER TO BE WARPED - ; 18" ;:• ; TO MATCH INLET. DESIGNERS WILL PROVIDE ADDITIONAL BLOCK OUT FOR DESIGN DETAILS TO FIT SPECIFIC OUTLET PIPE CONDITIONS. 12" RCP (Typ.) 6 I � 3'-0„ SIDE VIEW CITY OF BOZEMAN SCALE: STANDARD SQUARE NO. 02720- 1 A STANDARD DRAWING NONE STORM DRAIN INLET Dec. 2003 Rev MAR 2017 4" MINIMUM, 7" MAXIMUM OPENING m OPENING 5J8" DIA SMOOTHINLET CASTING ROD CENTERED IN OPNING NEENAH R-3067-L, (EXCEPT FOR EJIW 7030) EJIW 7030, 6" FLAT • DEFTER 2047L, OR SLAB COVER D & L 1-3517 �24......... OPENING 4' DIA. PRECAST REINFORCED CONCRETE MANHOLE AND BASE, AS PER STANDARD DRAWING NO. 02720-4 1 81h MIN. ONE EXTRA BAR IN BOTTOM (ALL SIDES) 24" FLAT SLAB COVER REINFORCEMENT AS PER 36" STANDARD DRAWING 02720-6 CITY OF BOZEMAN SCALE: COMBINATION MANHOLE AND NO. 02720- 113 STANDARD DRAWING NONE CURB INLET DEC.2003 REV: MAR 2017 O� q O � QaD �J ❑ 000�, Boa NEENAH N0. R-2533 OR APPROVED EQUAL Q 0 WITH TYPE C GRATE. PLAN 35" (.9m) 22" (55.9cm) 1 1/2"(3.8cm) 9"(22.9cm) 24 1 2" 2-2"(5cm) ADJUSTING 20" RINGS FOR FUTURE GRADE ADJUSTMENT 24"(61cm) R.C.P. CLASS II ` WALL B (ASTM C-76) 10"(25.4cm) MINIMUM DIA. LATERAL PIPE +36"(.9m) 412ZI� 1X MIN. 6" MIN. 12" MAX. SEDIMENTATION 3" MIN. BASIN .T.q 6" MIN. .• •�.•`; : . . ' . . ,, .� .. �•' ; � •�` u •, ASE OPTION, MAY BE FIELD POURED. SECTION NOTE: + STANDARD, EXCEPT AS FOR INSTALLATION IN GRAVEL OTHERWISE NOTED ON THE ALLEYS PIPE INVERT MUST BE PLAN — PROFILE SHEET. 6" MIN. ABOVE BASE. 2/2000 SHELF ON BASE NOT REQUIRED. MONTANA PUBLIC WORKS SCALE: STANDARD DRAWING STANDARD SPECIFICATIONS NONE 24" STANDARD RISER INLET NO. 02720-2 Frame and cover to be either D&L A-1172 ring with A-1178 cover, EJIW 3771/ 3772 series, or approved equal. �7 Covers shall have two 1" pick holes. Adjustable rings, NOTE: All joints between manhole sections, manhole ring & 2" min., 12" max. top section, and around sewer pipe into manhole shall be watertight. Jointing material shall be "Ram—Nek" or equal for all joints except between sewer pipe and manhole wall. 2'-0" 5" 4'-0" •` Precast reinforced concrete manhole riser and eccentric cone top manufactured in Mahole steps at accordance with ASTM designation C-478. 16" centers ' rout invert to springline of pipe if gap between pipe and channel is greater than 1/8". Pre—cost channel flowline i • r: :}.: % `•. Top of pipe may o .•; not extend past Variable a inside wall of 'v v r (min..r manhole. If x c necessary top a 0'.0 Shelf—slope 1" per foo ,'., half of pipe may E a v toward chonnel. See u be trimmed off N n channel detail. Flexible asketed joint t ical 9 (yp smooth. (8" for precast bases — see detail) diameter only) A Channel = dia. of pipe A Precast or poured—in—place base. #4 bars — 1'-0" c—c Poured—in—place base, minimum concrete thickness below pipe is 5'-4" dia. 8 inches. Precast base, minimum (min.) thickness is 6 inches. All bases reinforced as shown. �— Radius of y manhole 'I Slope at 1" per foot, Channel to full pipe depth NOTE: Storm drain manholes shall not have formed channels and the Dia. of lowest pipe invert shall be 9" higher sewer than bottom of manhole. pipe ��• `. SECTION A—A CITY OF BOZEMAN SCALE: SANITARY SEWER AND NO. 02720-3 STANDARD DRAWING NONE STORM DRAIN MANHOLE DEC. 2003 Rev. MAR 2017 Standard casting & cover Frame and cover to be either D & L A-1172 ring with A-1178 Cover, EJIW 3371/ 3772 series, or approved equal. Covers shall have two 1 pick holes. !�E�jFlat slab cover Adjustable rings, . 2" min., 12" max. " NOTE: All joints between manhole sections, manhole ring & top section, and around sewer pipe into manhole shall be water- 24 or J tight. Jointing material shall be "Rom—Nek" or equal for all joints except between 27" Opening sewer pipe and manhole wall. M N O e N Manhole steps at CD 0 16" centers a Precast reinforced concrete manhole riser and cover manufactured in accordance N with ASTM designation C-478. o -C + to C C N O O O As required o � o 0 0 a . c o Cutouts as required 'N E � w N 0 O a w O• O N N U a Q od A Channel = dia. of pipe 17. Precast or poured—in—place base. Poured—in—place base, minimum Radius of concrete thickness below pipe is manhole 8 inches. Precast base, minimum Slope of 1•par fool Channel to f.il thickness is 6 inches. pipe depth. NOTE: Storm drain manholes shall Dia. of sewer pipe 11 not have formed channels and the lowest pipe invert shall be 9° higher than bottom of manhole. SECTION A—A CITY OF BOZEMAN SCALE: STANDARD STRAIGHT NO. 02720-4 STANDARD DRAWING NONE MANHOLE DEC. 2003 REV: MAR 2006 O.D. REINFORCING (15cm) / •• . . •. SIZE O.D. REIN. WT. 48" 64" #408" 1675# EACH WAY (122cm) (163cm) (#4020cm) (760kg) 54" 71" #408" 4125# EACH WAY (137cm) (180cm) (#4020cm) (1870kg) 60" 78" 140 WAY" 4975# ACH (152cm) (198cm) (#4020cm) (2260kg) 72" 92" 1406" 6925# EACH WAY (183cm) (234cm) (#4015cm) (3140kg) REVISED: 12/27/95 MONTANA PUBLIC WORKS SCALE: PRECAST MANHOLE BASES STANDARD DRAWING STANDARD SPECIFICATIONS NONE 48", 54", 60", 72" NO. 02720-6 SHELF �d e P� CHANNEL SHELF SHELF �} SHELF SHELF CHANNEL CHANNEL � SHELF SHELF NOTES: 1. SLOPE ALL SHELVES TO CHANNEL AT 1" PER FOOT (Scm per meter). 2. SEE PLAN-PRORLE SHEETS FOR SLOPE OF CHANNEL REVISED: 12/27/95 MONTANA PUBLIC WORKS SCALE: TYPICAL MANHOLE STANDARD DRAWING STANDARD SPECIFICATIONS NONE CHANNEL DETAILS NO. 02720-7 L C K d 1000 t5.0 39 15000 900 36 800 10.0 10000 33 9.0 30 700 8.0 7.0 5000 27 600 8'0 4000 24 5.0 3000 500 4.0 21 2000 3.0 18 400 1000 2.0 15 300 500 12 400 250 1.0 300 10 0.9 0.8 200 0.7 200 0.6 B 0.5 100 0.4 150 6 0.3 50 40 30 0.2 100 20 L 4 The nomograph shown on this page may be used to compute the specification time even If several different pipe diameters are Included In one test. Draw a straight line connecting the diameter on the "d" scale with the corresponding length of pipe of that diameter under test on the V scale. Each line will cross the 'K' and "C" scales. The corresponding values of 'K" and "C" for each diameter — length combination under test are read and recorded. All the "K" values are totaled, as are the 'C" values. Total 'K governs If the total of "C" Is lose than 1.0 In which case, total 'K" value equals the time in seconds that the pipeline under test should take before the pressure falls from 3.5 to 2.5 peig. If total "C" is greater than 1.0. total K" is divided by total to obtain the specification time in seconds. NOTE: This nomograph is applicable to pipe toot section lengths within the limits specified in Section 02722.3.3.3.2 of the specifications. For toot lengths beyond the specified limits, refer to specifications for additional Information. REVISED: 12/27/95 MONTANA PUBLIC WORKS SCALE: NOMOGRAPH FOR AIR TESTING STANDARD DRAWING STANDARD SPECIFICATIONS NONE GRAVITY SEWER MAINS NO. 02730-1 GREEN STEEL POST AT END OF SERVICE PROPERTY LINE OR EASEMENT LINE 5 1/2' BOULEVARD (TYP.) 4' STREET SURFACE 5' SIDEWALK GROUND SURFACE (TYP.) .. 1 COMPACTED BACKFILL 2.5 (TYP.) (SEE SPECS.) 1 1.5' 8' - (TYP.) (TYPICAL EXCEPT IN SPECIAL CIRCUMSTANCES WHERE CITY HAS APPROVED ALTERNATE LOCATIONS) 2" X 2" WOOD SERVICE LINE. SLOPE = 1/4" MARKER 45' ELBOW PER FOOT MIN., 1/2" PER FOOT MAX. SEWER MAIN IN LINE WYE FITTING FOR PLUG NEW INSTALLATIONS. SADDLE FITTINGS ALLOWED FOR EXISTING INSTALLATIONS ONLY UPON APPROVAL OF CITY OF BOZEMAN SEWER DEPARTMENT. SERVICE INVERT NO LOWER THAN SPRING LINE OF SEWER MAIN FOR WYE FITTINGS. CITY OF BOZEMAN SCALE: SANITARY SEWER NO. 02730-2 STANDARD DRAWING NONE SERVICE LINE DEC. 2003 GREEN STEEL POST AT END OF SERVICE PROPERTY LINE OR EASEMENT LINE 5 1/2' BOULEVARD (TYP.) 4' STREET SURFACE 5' SIDEWALK GROUND SURFACE (TYP.) 2.5' COMPACTED BACKFILL (TYP.) (SEE SPECS.) (TYP.) (TYPICAL EXCEPT IN SPECIAL CIRCUMSTANCES WHERE CITY HAS APPROVED ALTERNATE LOCATIONS) 2" X 2" WOOD MARKER SERVICE LINE. SLOPE = 1/4" PER FOOT MIN., 1/2" PER FOOT MAX. PLUG 45' ELBOW 45' BEND DUCTILE IRON SEWER FITTINGS. SDR 26 PVC PIPE NOTES: SEWER MAIN 1. THIS INSTALLATION MAY BE USED IF DEPTH OF COVER AT STUB END WILL EXCEED 6.5' WITH STANDARD INSTALLATION (PER STANDARD DRAWING 02730-2) 2. MIN. DEPTH OF COVER SHALL BE 5' AT END OF SERVICE STUB. ENGINEER SHALL BE RESPONSIBLE FOR DETERMINING REQUIRED ELEVATION OF STUB. 3. DUCTILE IRON FITTINGS SHALL BE HARCO GASKET X GASKET OR APPROVED EQUAL. CITY OF BOZEMAN SCALE: DEEP SANITARY SEWER NO. 02730-3 STANDARD DRAWING NONE SERVICE LINE OCT. 2014 1/4" BELOW TOP OF NEW PAVEMENT SURFACE HEAVY DUTY MONUMENT BOX, SIMILAR TO CAIRD ENG. NO. 50608-1 STREET PAVING & GRAVEL AS REQUIRED SEAL JOINT WITH RAM—NEK 8" X 3' ROUND CONCRETE SLAB - s SLIP HUB TO THREADED ADAPTOR FROST EXPANSION SLEEVE THREADED PLUG NON—SHRINK CLEANOUT PIPE, 8" PVC BACKFILL • d 3' — 0" MIN. e.• END OF TRENCH ':q•'. + d . :e •Vie. •. � .: :.d:. • e..�•�• ..� :. 8" PVC END OF LINE CLEANOUT IF REQUIRED USE PLUG CITY OF BOZEMAN SCALE: SANITARY SEWER NO. 02730-4 STANDARD DRAWING NONE CLEANOUT DEC. 2003 Frame and cover to be either D & L A-1172 ring with A-1178 Standard casting & cover cover, EJIW 3771/ 3772 series, or approved equal. Covers shall have two 1" pick holes. Flat slab cover Adjustable rings, •4 2" min., 12" max. NOTE: All joints between manhole sections, 24" manhole ring and top section, and around Opening sewer pipe into manhole shall be watertight. Jointing material shall be "Ram—Nek" or 4 equal for all joints except between sewer `n pipe and manhole wall. N N � Manhole steps at C) c 16" centers Precast reinforced concrete manhole riser ° 3 and cover manufactured in accordance w with ASTM designation C-478. 0 r_ As required 2 (60" min.) v o — U � w Flexible gasketed joint ° " Gasketed Tee n . 01 c C 0 E B B N N N O v m c w O" O T �., Pipe restraint (typ.) Q CJ m � � A Gasketed 90' elbow cast into base Channel = dia. of pip A Precast or poured—in—place base. Poured—in—place base, minimum concrete thickness below pipe is 8 inches. Precast base, minimum thickness is 6 inches. f13 ainless steel Radius of —►i —thread rod, manhole I 2" 0 Slope of 1" per foot. Sewer pipe Channel to full p p pipe depth. Manhole wall oxy grout rods Dia. of sewer pipe ;:;,' Stainless steel into wall pipe clamp 't, �- SECTION A—A SECTION B—B CITY OF BOZEMAN SCALE: STANDARD DROP NO. 02730-5 STANDARD DRAWING NONE MANHOLE DEC. 2003 Rev. March 2006 FLAT BLADE STREET NAME REGULATORY SIGN BLANK AS PER SIGN BLANKS SEE SECTION MUTCD STANDARDS, SIZE AS MOUNTED BACK TO SPECIFIED ON PLANS BACK ON POST 09810 2.2 FOR SIGN SIZES w A _ 2' MIN. < 2' MIN. 10' 2" PREFORMED SQUARE TUBE POST (TELSPAR OR APPROVED EQUAL) 7' MIN. ATTACH SIGNS TO POST WITH 3/g" DRIVE RIVETS (MIN. 2 PER SIGN) STREET MARKER SIGN REGULATORY SIGN 2" PREFORATED SQUARE TUBE o POST (14 GAUGE) 0 FASTEN POST TO SLEEVE WITH 9/16" CORNER BOLT o (A325) 1 )'" ABOVE FINISH GRAGE. INSERT BOLT FINISH GRADE 2' o / HEAD FROM OPPOSITE SIDE OF EXPECTED IMPACT. f INSERT DRIVE RIVET INTO OPPOSITE SIDE. 1 4„ !.. 2 Y4" X 30" 12 GAUGE NON—PREFORATED SQUARE TUBE SIGN POST SLEEVE (TELSPAR "QUIK PUNCH" OR APPROVED EQUAL) ALL SLEEVES AND SIGN 24" POSTS SHALL BE INSTALLED " INSERT SIGN POST 18" INTO SLEEVE PLUMB. M-4000 CONCRETE ANCHOR SIGN POST FOUNDATION DETAIL CITY OF BOZEMAN SCALE: SIGN INSTALLATION NO. 09810-1 STANDARD DRAWING NONE STANDARDS AUG. 1994 Revised 6/2002 18" DIAMOND BLACK PANEL WITH 9 RED REFLECTORS, 3" MIN. SIZE — NUMBER OF 24" PANELS REQUIRED BY THE DIRECTOR OF PUBLIC SERVICE rt ROADWAY • • 24" <* 2" PERFORATED SQUARE TUBE POST (TELSPAR OR APPROVED EQUAL) 48" MIN. ROADWAY GRADE SIGN POST FOUNDATION AS PER STANDARD DRAWING 09810-1 I — 60" TYP. SIGN BLANKS SHALL BE CONSTRUCTION GRADE ALUMINUM, 0.08 INCH THICK, WITH ENGINEER GRADE REFLECTIVE SHEETING CITY OF BOZEMAN SCALE: DEAD END BARRICADE NO. 09810-2 STANDARD DRAWING NONE DETAIL AUG. 1994 Revised 6/2002 CROSSWALK � 1 STREET 9'TYP. MARKER SIGN cr z 5' O I— U W U 2' MIN CLEARANCE FROM FACE OF CURB TO EDGE Q OF SIGN rK 1-- CITY OF BOZEMAN SCALE: TYPICAL STREET No. 09810-4 STANDARD DRAWING NONE MARKER SIGN Sept. 2002 LOCATION PREVAILING WAGE RATES MONTANA PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION SERVICES 2018 Effective: January 27, 2018 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.mtwagehourbopa.com or contact: Employment Relations Division Montana Department of Labor and Industry P. O. Box 201503 Helena, MT 59620-1503 Phone 406-444-5600 TDD 406-444-5549 The Labor Standards Bureau 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 Labor Standards Bureau at(406)444-5600 or TDD (406)444-5549. 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 Labor Standards Bureau at(406)444-5600 or TDD(406)444-5549. GALEN HOLLENBAUHG Commissioner Department of Labor and Industry State of Montana TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication ............................................................................................................................... B. Definition of Highway Construction ............................................................................................................. C. Definition of Public Works Contract .......................................................................................................... D. Prevailing Wage Schedule ..................................................................................................................... E. Rates to Use for Projects ........................................................................................................................ F. Wage Rate Adjustments for Multiyear Contracts .......................................................................................... G. Fringe Benefits ..................................................................................................................................... H. Dispatch City ........................................................................................................................................ I. Zone Pay ............................................................................................................................................ J. Computing Travel Benefits ..................................................................................................................... K. Per Diem .......................................................................................................................................... L. Apprentices ......................................................................................................................................... M. Posting Notice of Prevailing Wages .......................................................................................................... 5 N. Employment Preference ......................................................................................................................... O. Projects of a Mixed Nature ............................................................................................................................................ 5 P. Occupations Definitions Website .................................................................................................................................... 5 Q. Welder Rates ..........................................................................................................I..................I....... R. Foreman Rates .................................................................................................................................. 5 WAGE RATES: BRICK, BLOCK,AND STONE MASONS ........................................................................................................... 6 CARPENTERS ........................................:................................................................................................... CEMENT MASONS AND CONCRETE FINISHERS ............................................................................................ 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORSGROUP 1 ............................................................................................................................. OPERATORSGROUP 2 ............................................................................................................................ OPERATORSGROUP 3 ............................................................................................................................ OPERATORSGROUP 4 ............................................................................................................................ OPERATORSGROUP 5 ............................................................................................................................ 8 OPERATORSGROUP 6 ............................................................................................................................ 8 OPERATORSGROUP 7 ............................................................................................................................ 8 CONSTRUCTION LABORERS LABORERSGROUP 1 ............................................................................................................................ LABORERSGROUP 2 ............................................................................................................................ LABORERSGROUP 3 ............................................................................................................................ 10 LABORERS GROUP 4 ................................................................................................................... DIVERS .................................................................................................................................................... 10 DIVERTENDERS ........................................................................................................................................ 0 ELECTRICIANS .......................................................................................................................................... 11 IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS ...................................................................... 11 LINE CONSTRUCTION EQUIPMENTOPERATOR .......................................................................................................................... 11 11 GROUNDMAN ......................................................................................................................................... 11 LINEMAN ................................................................................................................................................. MILLWRIGHTS ............................................................................................................................................ 2 PAINTERS ................................................................................................................................................ 12 PILEBUCKS .......................................................................................... ...................................................., 2 TRUCKDRIVERS ............................................................................................. ................................................ 12 2 A.Date of Publication January 27,2018 B.Definition of Highway Construction The Administrative Rules of Montana(ARM),24.17.501(3)—(3)(a),states "Highway construction projects include, but are not limited to, the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, and parking areas, bridges constructed or repaired in conjunction with highway work, and other similar projects not incidental to building construction or heavy construction. Highway construction projects include, but are not limited to, alleys, base courses, bituminous treatments, bridle paths, concrete pavement, curbs, excavation and embankment(for road construction),fencing(highway),grade crossing elimination (overpasses or underpasses),guard rails on highways, highway signs, highway bridges(overpasses, underpasses, grade separation), medians,parking lots,parkways, resurfacing streets and highways, roadbeds, roadways, runways, shoulders, stabilizing courses, storm sewers incidental to road construction, street paving, surface courses, taxiways, and trails." C.Definition of Public Works Contract Section 18-2-401(1 1)(a),MCA defines"public works contract" as "...a contract for construction services let by the state, county, municipality, school district, orpolitical subdivision orfor 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 Highway 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,Heavy Construction and Nonconstruction Services occupations can be found on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at(406)444-5600 or TDD (406)444-5549. 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 to f dly perform 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 1vorks 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: "(1) To fulfill the obligation...a contractor or subcontractor may: (a)pay the amount off^inge benefits and the basic hourly rate ofpay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a f tinge benefit fiord,plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved 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 pef formed. (2) The fringe benefit fund,plan, or program described in subsection (1)(b) must provide 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. department of labor." 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 f-om 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. I 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 from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is 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 diem'O pically 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 thatproject classification" P. Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: httpJhvtivw.bls.gov/oes/current/oes stru.htin Q.Welder Rates Welders receive the rate prescribed for the craft perfornng 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 BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel: $26.58 $13.77 0-45 mi. free zone >45-60 mi. $25.00/day >60-90 mi. $55.00/day >90 mi. $65.00/day 1 Back to Table of Contents CARPENTERS Wage Benefit Zone Pay: $29.00 $13.07 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 CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit Zone Pay: $23.87 $10.51 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. Duties Include: >50 mi. base pay+$3.00/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: $24.02 $9.90 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/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 6 CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: $26.99 $9.90 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/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 LBack to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $28.58 $9.90 0-25 mi.free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/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. f Back to Table of Contents 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: $27.60 $9.90 0-25 mi.free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/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: $28.94 $9.90 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/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: $29.63 $9.90 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley(All). t Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: $31.73 $9.90 0-25 mi.free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/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 8 CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: $18.90 $9.15 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. >50 mi. base pay+$3.00/hr. t Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: $22.89 $8.70 0-25 mi.free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/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. I Back to Table of Contents CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: $24.05 $8.05 0-25 mi.free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/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. j Back to Table of Contents 9 CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: $23.18 $8.05 0-25 mi.free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. Hod Carrier***;Water Well Laborer; Blaster;Wagon Driller;Asphalt Raker; Cutting Torch; Grade Setter; ***Hod Carriers will receive the same amount of travel High-Scaler; Power Saws(Faller&Concrete) and/or subsistence pay as bricklayers when requested to Powderman; Rock&Core Drill; Track or Truck Mounted travel. Wagon Drill and Welder incl. Air Arc. T Back to Table of Contents DIVERS Wage Benefit Zone Pay: Stand-By $37.58 $16.14 0-30 mi. free zone Diving $75.16 $16.14 >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. T Back to Table of Contents DIVER TENDERS Wage Benefit Zone Pay: $36.58 $16.14 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 10 ELECTRICIANS Wage Benefit Travel: $32.74 $13.84 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 IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit Travel: $27.25 $24.54 0-45 mi. free zone >45-85 mi. $55.00/day Duties Include: >85 mi. $85.00/day Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. T Back to Table of Contents LINE CONSTRUCTION—EQUIPMENT OPERATORS Wage Benefit Travel• $34.02 $14.41 No Free Zone $60.00/day T Back to Table of Contents LINE CONSTRUCTION—GROUNDMAN Wage Benefit Travel: $26.56 $13.56 No Free Zone $60.00/day LBack to Table of Contents LINE CONSTRUCTION— LINEMAN Wage Benefit Travel: $44.41 $15.54 No Free Zone $60.00/day T Back to Table of Contents 11 MILLWRIGHTS Wage Benefit Zone Pay: $32.00 $13.07 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 $27.00 $9.30 T Back to Table of Contents PILE BUCKS Wage Benefit Zone Pay: $29.00 $13.07 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 TRUCK DRIVERS Wage Benefit Zone Pay: Pilot Car Driver $24.85 $9.42 All Districts Truck Driver $28.88 $9.42 0-30 mi. free zone >30-60 mi. base pay+$3.05/hr. Truck drivers include but are not limited to: >60 mi. base pay+ .$4.85/hr. Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat 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. T Back to Table of Contents 12 MONTANA PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2018 Effective: January 27, 2018 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.mtwagehourbopa.com or contact: Employment Relations Division Montana Department of Labor and Industry P. O. Box 201503 Helena, MT 59620-1503 Phone 406-444-5600 TDD 406-444-5549 The Labor Standards Bureau 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 Labor Standards Bureau at(406)444-5600 or TDD(406)444-5549. 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 Labor Standards Bureau at(406)444-5600 or TDD (406)444-5549. GALEN HOLLENBAUGH Commissioner Department of Labor and Industry State of Montana TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication ............................................................................................................................... B. Definition of Heavy Construction ................................................................................................................ C. Definition of Public Works Contract .......................................................................................................... D. Prevailing Wage Schedule ..................................................................................................................... E. Rates to Use for Projects ....................................................................................................................... F. Wage Rate Adjustments for Multiyear Contracts .......................................................................................... 3 G. Fringe Benefits ..................................................................................................................................... H. Dispatch City ........................................................................................................................................ I. Zone Pay ............................................................................................................................................ J. Computing Travel Benefits ..................................................................................................................... 4 K. Per Diem ............................................................................................................................................ L. Apprentices ......................................................................................................................................... M. Posting Notice of Prevailing Wages .......................................................................................................... N. Employment Preference ......................................................................................................................... O. Projects of a Mixed Nature ............................................................................................................................................ 5 P. Occupations Definitions Website .................................................................................................................................... 5 Q. Welder Rates .................................................................................................................................. R. Foreman Rates .....................................................................................................I............................ 5 WAGE RATES: BOILERMAKERS ......................................................................................................................................... BRICK, BLOCK,AND STONE MASONS ........................................................................................................... 6 CARPENTERS ............................................................................................................................................ CEMENT MASONS AND CONCRETE FINISHERS ............................................................................................ 7 CONSTRUCTION EQUIPMENT OPERATORS OPERATORSGROUP 1 ............................................................................................................................. OPERATORSGROUP 2 ............................................................................................................................ OPERATORSGROUP 3 ............................................................................................................................ OPERATORSGROUP 4 ............................................................................................................................ OPERATORSGROUP 5 ............................................................................................................................ 8 OPERATORSGROUP 6 ............................................................................................................................ OPERATORSGROUP 7 ............................................................................................................................ 9 CONSTRUCTION LABORERS LABORERSGROUP 1 ............................................................................................................................ LABORERSGROUP 2 ............................................................................................................................ LABORERSGROUP 3 ...................:..........................................................................I............................. 0 LABORERS GROUP 4 ............................................................................................................................ 10 10 DIVERS .................................................................................................................................................... DIVER TENDERS ........................................................................................................................................ 11 ELECTRICIANS ............................................................................................................................................................ 11 HEATINGAND AIR CONDITIONING ...................................................................................................................................... 11 INSULATION WORKERS-MECHANICAL(HEAT AND FROST) ........................................................................... 12 IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS ...................................................................... 12 LINE CONSTRUCTION EQUIPMENT OPERATORS .......................................................................................................................... 12 12 GROUNDMAN ........................................................................................................................................... 13 LINEMAN .................................................................................................................................................. 13 MILLWRIGHTS ............................................................................................................................................ 13 PAINTERS ............................................................................................................................................................ PILEBUCKS ............................................................................................................................................... 3 PLUMBERS, PIPEFITTERS,AND STEAMFITTERS ............................................................................................ 14 SHEET METAL WORKERS ........................................................................................................................... 14 SOLARPHOTVOLTAIC INSTALLERS ................................................................................................................................ 14 TRUCKDRIVERS .................................................................................................................................................................. 15 2 A.Date of January 27,2018 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 thann 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, swimming pools(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 18-2-40 1(1 1)(a),MCA defines"public works contract"as "...a contract fir 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.mtwagehourbopa.com or by contacting the Labor Standards Bureau at(406)444-5600 or TDD (406)444-5549. 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 to fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate o f wages to be paid to the workersperforming the contract. (2) The standard prevailing rate o f 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 of prevailing 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: "(1) To fulfill the obligation...a contractor or subcontractor may: (a)pay the amount of f-inge benefits and the basic hourly rate ofpay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benef t.ficnd,plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c)make payments using any combination of methods setforth 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, includingfringe benefits and travel allowances, applicable to the district for the particular type of work being per formed. (2) The fringe benefit fund,plan, or program.described in subsection (1)(b) must provide 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. department of labor." 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 shortestpractical maintained route from the dispatch city to the center of the job." See section H above for a list of dispatch cities. I 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 fi-om the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is 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 diem'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 ivorked, 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 worldng on that project must be paid at the rate for that project class f cation" P. Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: http:/iNv-vvw.bls.gov/oes/cuffent/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 VwVwAGE TES BOILERMAKERS Wage Benefit Travel: $30.25 $30.30 0-120 mi. free zone >120 mi. federal mileage rate/mi. Duties Include: Construct, assemble, maintain, and repair stationary Special Provision: steam boilers, boiler house auxiliaries, process vessels, Travel is paid only at the beginning and end of the job. pressure vessels and penstocks. Bulk storage tanks and bolted steel tanks. Per Diem: 0-70 mi. free zone >70-120 mi. $55.00/day >120 mi. $70.00/day T Back to Table of Contents BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel: $31.07 $13.90 0-20 mi.free zone >20-35 mi. $30.00/day >35-55 mi. $35.00/day >55 mi. $65.00/day T Back to Table of Contents CARPENTERS Wage Benefit Zone Pay: $29.00 $13.07 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: $21.73 $10.51 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: $26.41 $12.20 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. p Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: $27.20 $12.20 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 q Back to Table of Contents 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $28.45 $12.20 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: $29.45 $12.20 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: $30.45 $12.20 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: $31.45 $12.20 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). f Back to Table of Contents 8 CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: $32.45 $12.20 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: $21.58 $9.99 0-30 mi.free zone >30-60 mi. base pay+ $3.05/hr. >60 mi. base pay+$4.85/hr. f Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: $24.40 $9.99 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. p Back to Table of Contents 9 CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: $24.54 $9.99 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 (excluding all surface preparation work for paint); Sod Cutter-Power and Tamper. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: $26.01 $9.99 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; ***Hod Carriers will receive the same amount of travel High-Scaler; Power Saws(Faller&Concrete) and/or subsistence pay as bricklayers when requested to Powderman; Rock&Core Drill; Track or Truck Mounted travel. Wagon Drill and Welder incl.Air Arc. T Back to Table of Contents DIVERS Wage Benefit Zone Pay: Stand-By $37.58 $16.14 0-30 mi. free zone Diving $75.16 $16.14 >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. T Back to Table of Contents 10 DIVER TENDERS Wage Benefit Zone Pay: $36.58 $16.14 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 ELECTRICIANS Wage Benefit Travel: $32.74 $13.84 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: $28.04 $17.38 0-50 mi. free zone >50 mi. Duties Include: M $0.25/mi. in employer vehicle. Testing and balancing, commissioning and retro- 0 $0.65/mi. in employee vehilcle. commissioning of all air-handling equipment and duct work. Per Diem: $65/day T Back to Table of Contents 11 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit Travel: $34.17 $19.47 0-30 mi.free zone >30-40 mi. $20.00/day Duties Include: >40-50 mi. $30.00/day Insulate pipes, ductwork or other mechanical systems. >50-60 mi. $40.00/day >60 mi. $45.00/day plus ■ $0.56/mi. if transportation is not provided. ■ $0.20/mi. if in company vehicle. >60 mi. $80.00/day on jobs requiring an overnight stay plus ■ $0.56/mi. if transportation is not provided. ■ $0.20/mi. if in company vehicle. ?Back to Table of Contents IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit Travel: $27.25 $24.54 0-45 mi.free zone >45-85 mi. $55.00/day Duties Include: >85 mi. $85.00/day Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. p Back to Table of Contents LINE CONSTRUCTION-EQUIPMENT OPERATORS Wage Benefit Travel: $34.02 $14.41 No Free Zone $60.00/day Duties Include: All work on substations 1 Back to Table of Contents LINE CONSTRUCTION -GROUNDMAN Wage Benefit Travel: $26.56 $13.56 No Free Zone $60.00/day Duties Include: All work on substations T Back to Table of Contents 12 LINE CONSTRUCTION- LINEMAN Wage Benefit Travel: $44.41 $15.54 No Free Zone $60.00/day Duties Include: All work on substations T Back to Table of Contents MILLWRIGHTS Wage Benefit Zone Pay: $32.00 $13.07 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: $25.05 $16.72 No mileage due when traveling in employer's vehicle. Duties Include: The following travel allowance is applicable when All surface preparation for paint. traveling in employee's vehicle: No free zone. $0.60/mi. Per Diem: $80.00/day T Back to Table of Contents PILE BUCKS Wage Benefit Zone Pay: $29.00 $13.07 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: $35.16 $17.86 0-70 free zone >70 mi. Duties Include: 0On 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 E On jobs when employees work any number of also install heating and cooling equipment and consecutive days: $100.00/day. mechanical control systems. T Back to Table of Contents SHEET METAL WORKERS Wage Benefit Travel: $28.04 $17.38 0-50 mi. free zone >50 mi. Duties Include: N $0.25/mi. in employer vehicle Testing and balancing, commissioning and retro- 0 $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 $65.00/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: $32.74 $13.84 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: 0-08 mi. free zone >08-50 mi.federal mileage rate/mi. in excess of the free zone. >50 mi. $66.00/day T Back to Table of Contents 14 TRUCK DRIVERS Wage Benefit Zone Pay: Pilot Car Driver $24.85 $9.42 All Districts Truck Driver $28.88 $9.42 0-30 mi.free zone >30-60 mi. base pay+$3.05/hr. Truck drivers include but are not limited to: >60 mi. base pay+ .$4.85/hr. Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic;Trucks with Power Equipment;Warehouseman, Partsman, Cardex and Warehouse Expeditor;Water Trucks. T Back to Table of Contents 15 APPENDIX A MISCELLANEOUS FORMS NOTICE OF AWARD Dated: TO: ADDRESS: PROJECT: CONTRACT FOR:Baxter Lane Improvements Project from Davis Lane to North 19`ti Avenue You are notified that your Bid opened on_______,2018, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the:Baxter Lane Improvements Project from Davis Lane to North 191 Avenue. The Contract Price of your Contract is: Written Amount Dollars($ 1 Five(5)copies of each of the proposed Contract Documents(except Drawings)accompany this Notice of Award. Three(3)sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen(15)days of the date of this Notice of Award, that is,by 1. You must deliver to the OWNER Five(5) 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(Articles 8-10),and the General Conditions(paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions(Article 5)and Supplementary Conditions(Article 1). 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 two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN,MONTANA ATTEST: BY: BY: (CITY MANAGER) (CITY CLERK) DATE: NOTICE OF AWARD Page I of 1 AGREEMENT FORM THIS AGREEMENT is dated as of the day of in the year 2018, by and between CITY OF BOZEMAN, hereinafter called OWNER, and hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Reconstruction and widening of Baxter Lane from west of Davis Lane to west of North 19a'Avenue, and widening of Davis Lane at the Baxter Lane intersection.A new traffic signal will be installed at the Baxter Lane and Davis Lane intersection. The work includes street excavation, gravel base course, asphalt pavement,chip seal,curb and gutter, sidewalk, storm drain, culvert extensions, utility adjustments and relocations, street lighting, water main extensions, topsoil, seeding, and sod. . The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Baxter Lane Improvements Project from Davis Lane to North 1911 Avenue. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 170 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially 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 involved in proving,in a legal or arbitration proceeding,the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum(subject to adjustment as provided in the Contract Documents) of ($ ). AGREEMENT Page 1 of 6 Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions,OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Special Provisions of Contract Documents,and accepts the determination set forth in the Contract Documents of the extent of the technical data contained in such reports and drawings, and has personally completed his own field investigations. 6.3 CONTRACTOR has obtained and carefully studied(or assumes responsibility for obtaining and carefully studying)all such examinations,investigations,explorations,tests,reports and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site that otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents,including specifically the provisions of paragraph 4.02 of the General AGREEMENT Page 2 of 6 Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price,within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.04 of the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations,tests, reports and studies with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.7 CONTRACTOR hereby affirms it will not discriminate on the basis of race,color,religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation,gender identity or disability in the performance of work performed for the city of Bozeman. This prohibition shall apply to the hiring and treatment of the CONTRACTOR'S employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Article 7. CONTRACT DOCUMENTS. The Bid Documents,together with this Agreement,form the Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement,made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement(if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Proposal. 7.6 Certificates of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions including Measurement and Payment. 7.11 Technical Specifications. AGREEMENT Page 3 of 6 7.12 Montana Public Works Specifications,Sixth Edition,and City of Bozeman Modifications to Montana Public Works Standard Specifications, latest edition(by reference). 7.13 Montana Department of Transportation Standard Specifications for Road and Bridge Construction,2014 Edition,and all subsequent Supplemental Specifications(by reference). 7.14 Appendices. 7.15 Addenda listed on the Bid forms. 7.16 CONTRACTOR'S executed Bid forms. 7.17 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.18 Notice of Award. 7.19 Notice to Proceed. 7.20 Any modification, including Change Orders and Work Directive Change, duly delivered after execution of Agreement. 7.21 Any Notice of Partial Utilization. 7.22 Consent of Surety. 7.23 Approval of Subcontractors. 7.24 Substitution Request Form. 7.25 Schedule of Values. 7.26 Notice of Substantial Completion. 7.27 Notices of Final Completion and Acceptance. 7.28 Non-discrimination affirmation form. 7.29 Drawings. 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 8. NO DAMAGES FOR DELAY—OTHER CONTRACTORS It shall be the affirmative duty of each and every CONTRACTOR on the project to cooperate and coordinate the scheduling and progress of its work with that of all other CONTRACTORS.Under no circumstances shall the OWNER be liable for any damages for delay. It is further stipulated and agreed that the terms of this provision shall govern any other Contract Document as defined in this Agreement. Article 9.MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 9.2 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 the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. AGREEMENT Page 4 of 6 9.3 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 herein, then the prevailing party or the parry giving notice shall be entitled to reasonable attorney's fees and costs. 9.4 Any amendment of modifications 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. AGREEMENT Page 5 of 6 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. (CONTRACTOR) By (SEAL&) (ATTEST) Title (JOINT VENTURE) By (SEAL&) (ATTEST) Title City of Bozeman (OWNER) By (CITY MANAGER) (SEAL &) (ATTEST) APPROVED AS TO FORM: (CITY ATTORNEY) AGREEMENT Page 6 of 6 it D ENGINEERS 1()NT CWNTRACT DOCUME`'TS COMM''TIE- PERFORMANCE BOND CONTRACTOR(name and address): SURETY(name and address of principal place of business): OWNER(name and address): CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date(not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: ❑ None ❑ See Paragraph 16 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 (seal) (seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal s' By: By: Signature Signature(attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes:(1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. EJCDC®C-610,Performance Bond Copyright©2013 National society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 1. The Contractor and Surety, jointly and severally, bind to be secured with performance and payment bonds executed themselves, their heirs, executors, administrators, successors, and by a qualified surety equivalent to the bonds issued on the assigns to the Owner for the performance of the Construction Construction Contract, and pay to the Owner the amount of Contract,which is incorporated herein by reference. damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the 2. If the Contractor performs the Construction Contract,the Surety Contractor Default;or and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in 5.4 Waive its right to perform and complete, arrange for Paragraph 3. completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as 3.1 The Owner first provides notice to the Contractor and practicable after the amount is determined, make payment the Surety that the Owner is considering declaring a Contractor to the Owner;or Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and 5.4.2 Deny liability in whole or in part and notify the Surety to discuss the Contractor's performance. If the Owner Owner,citing the reasons for denial. does not request a conference, the Surety may, within five (5) business days after receipt of the Owners notice,request such a 6. If the Surety does not proceed as provided in Paragraph 5 with conference. If the Surety timely requests a conference, the reasonable promptness,the Surety shall be deemed to be in default Owner shall attend. Unless the Owner agrees otherwise, any on this Bond seven days after receipt of an additional written notice conference requested under this Paragraph 3.1 shall be held from the Owner to the Surety demanding that the Surety perform its within ten (10) business days of the Surety's receipt of the obligations under this Bond, and the Owner shall be entitled to Owner's notice. If the Owner, the Contractor, and the Surety enforce any remedy available to the Owner. If the Surety proceeds as agree, the Contractor shall be allowed a reasonable time to provided in Paragraph 5.4,and the Owner refuses the payment or the perform the Construction Contract, but such an agreement shall Surety has denied liability, in whole or in part,without further notice not waive the Owner's right, if any, subsequently to declare a the Owner shall be entitled to enforce any remedy available to the Contractor Default; Owner. 3.2 The Owner declares a Contractor Default, terminates 7. If the Surety elects to act under Paragraph 5.1, 5.2,or 5.3,then the Construction Contract and notifies the Surety;and the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and 3.3 The Owner has agreed to pay the Balance of the the responsibilities of the Owner to the Surety shall not be greater Contract Price in accordance with the terms of the Construction than those of the Owner under the Construction Contract. Subject to Contract to the Surety or to a contractor selected to perform the the commitment by the Owner to pay the Balance of the Contract Construction Contract. Price,the Surety is obligated,without duplication for: 4. Failure on the part of the Owner to comply with the notice 7.1 the responsibilities of the Contractor for correction of requirement in Paragraph 3.1 shall not constitute a failure to comply defective work and completion of the Construction Contract; with a condition precedent to the Surety's obligations,or release the Surety from its obligations, except to the extent the Surety 7.2 additional legal, design professional, and delay costs demonstrates actual prejudice. resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5;and 5. When the Owner has satisfied the conditions of Paragraph 3,the Surety shall promptly and at the Surety's expense take one of the 7.3 liquidated damages, or if no liquidated damages are following actions: specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. 5.1 Arrange for the Contractor, with the consent of the Owner,to perform and complete the Construction Contract; 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 5.3 Obtain bids or negotiated proposals from qualified Contract, and the Balance of the Contract Price shall not be reduced contractors acceptable to the Owner for a contract for or set off on account of any such unrelated obligations. No right of performance and completion of the Construction Contract, action shall accrue on this Bond to any person or entity other than arrange for a contract to be prepared for execution by the the Owner or its heirs, executors, administrators, successors, and Owner and a contractor selected with the Owners concurrence, assigns. EJCDC®C-610,Performance Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 10. The Surety hereby waives notice of any change, including for damages to which the Contractor is entitled, reduced by all changes of time, to the Construction Contract or to related valid and proper payments made to or on behalf of the subcontracts,purchase orders,and other obligations. Contractor under the Construction Contract. 11. Any proceeding, legal or equitable, under this Bond may be 14.2 Construction Contract: The agreement between the instituted in any court of competent jurisdiction in the location in Owner and Contractor identified on the cover page,including all which the work or part of the work is located and shall be instituted Contract Documents and changes made to the agreement and within two years after a declaration of Contractor Default or within the Contract Documents. two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this 14.3 Contractor Default: Failure of the Contractor, which Bond,whichever occurs first. If the provisions of this paragraph are has not been remedied or waived, to perform or otherwise to void or prohibited by law, the minimum periods of limitations comply with a material term of the Construction Contract. available to sureties as a defense in the jurisdiction of the suit shall be applicable. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required 12. Notice to the Surety, the Owner, or the Contractor shall be under the Construction Contract or to perform and complete or mailed or delivered to the address shown on the page on which their comply with the other material terms of the Construction signature appears. Contract. 13. When this Bond has been furnished to comply with a statutory 14.5 Contract Documents:All the documents that comprise or other legal requirement in the location where the construction was the agreement between the Owner and Contractor. to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and 15. If this Bond is issued for an agreement between a contractor and provisions conforming to such statutory or other legal requirement subcontractor, the term Contractor in this Bond shall be deemed to shall be deemed incorporated herein. When so furnished,the intent be Subcontractor and .the term Owner shall be deemed to be is that this Bond shall be construed as a statutory bond and not as a Contractor. common law bond. 16. Modifications to this Bond are as follows: 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims EJCDC®C-610,Performance Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 3 of 3 J . EWRAEERS JOINT CONTRACT 7P�GllddEt9Ts COMMITTEE ---- - PAYMENT BOND CONTRACTOR(name and address): SURETY(name and address of principal place of business): OWNER(name and address): CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date(not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: ❑ None ❑ See Paragraph 18 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 (seal) (seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature(attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to Contractor,Surety, Owner,or other party shall be considered plural where applicable. EJCDC®C-615,Payment Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 6. If a notice of non-payment required by Paragraph 5.1.1 is 1. The Contractor and Surety, jointly and severally, bind given by the Owner to the Contractor,that is sufficient to themselves, their heirs, executors, administrators, satisfy a Claimant's obligation to furnish a written notice of successors, and assigns to the Owner to pay for labor, non-payment under Paragraph 5.1.1. materials, and equipment furnished for use in the performance of the Construction Contract, which is 7. When a Claimant has satisfied the conditions of Paragraph incorporated herein by reference,subject to the following 5.1 or 5.2, whichever is applicable, the Surety shall terms. promptly and at the Surety's expense take the following actions: 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds 7.1 Send an answer to the Claimant,with a copy to the harmless the Owner from claims, demands, liens, or suits Owner, within sixty (60) days after receipt of the by any person or entity seeking payment for labor, Claim,stating the amounts that are undisputed and materials, or equipment furnished for use in the the basis for challenging any amounts that are performance of the Construction Contract,then the Surety disputed;and and the Contractor shall have no obligation under this Bond. 7.2 Pay or arrange for payment of any undisputed amounts. 3. If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this 7.3 The Surety's failure to discharge its obligations Bond shall arise after the Owner has promptly notified the under Paragraph 7.1 or 7.2 shall not be deemed to Contractor and the Surety (at the address described in constitute a waiver of defenses the Surety or Paragraph 13) of claims, demands, liens, or suits against Contractor may have or acquire as to a Claim, the Owner or the Owner's property by any person or except as to undisputed amounts for which the entity seeking payment for labor, materials,or equipment Surety and Claimant have reached agreement. If, furnished for use in the performance of the Construction however, the Surety fails to discharge its Contract, and tendered defense of such claims, demands, obligations under Paragraph 7.1 or 7.2, the Surety liens,or suits to the Contractor and the Surety. shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to 4. When the Owner has satisfied the conditions in Paragraph recover any sums found to be due and owing to 3, the Surety shall promptly and at the Surety's expense the Claimant. defend,indemnify,and hold harmless the Owner against a duly tendered claim,demand,lien,or suit. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's 5. The Surety's obligations to a Claimant under this Bond fees provided under Paragraph 7.3,and the amount of this shall arise after the following: Bond shall be credited for any payments made in good faith by the Surety. 5.1 Claimants who do not have a direct contract with the Contractor, 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance 5.1.1 have furnished a written notice of non- of the Construction Contract and to satisfy claims, if any, payment to the Contractor, stating with under any construction performance bond. By the substantial accuracy the amount claimed Contractor furnishing and the Owner accepting this Bond, and the name of the party to whom the they agree that all funds earned by the Contractor in the materials were, or equipment was, performance of the Construction Contract are dedicated furnished or supplied or for whom the to satisfy obligations of the Contractor and Surety under labor was done or performed, within this Bond, subject to the Owner's priority to use the funds ninety (90) days after having last for the completion of the work. performed labor or last furnished materials or equipment included in the 10. The Surety shall not be liable to the Owner,Claimants, or Claim;and others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be 5.1.2 have sent a Claim to the Surety (at the liable for the payment of any costs or expenses of any address described in Paragraph 13). Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on 5.2 Claimants who are employed by or have a direct behalf of Claimants, or otherwise have any obligations to contract with the Contractor have sent a Claim to Claimants under this Bond. the Surety (at the address described in Paragraph 13). 11. The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related subcontracts,purchase orders,and other obligations. EJCDC®C-615,Payment Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials,or equipment for use in the performance by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant (1) or(2)first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of "labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials,or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished,the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and 16.4 Owner Default: Failure of the Owner, which has Owner shall promptly furnish a copy of this Bond or shall not been remedied or waived, to pay the permit a copy to be made. Contractor as required under the Construction Contract or to perform and complete or comply 16. Definitions with the other material terms of the Construction Contract. 16.1 Claim: A, written statement by the Claimant including at a minimum: 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and 1. The name of the Claimant; Contractor. 2. The name of the person for whom the labor was done, or materials or equipment 17. If this Bond is issued for an agreement between a furnished; contractor and subcontractor, the term Contractor in this 3. A copy of the agreement or purchase order Bond shall be deemed to be Subcontractor and the term pursuant to which labor, materials, or Owner shall be deemed to be Contractor. equipment was furnished for use in the performance of the Construction Contract; 18.Modifications to this Bond are as follows: 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor,materials,or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant;and EJCDC®C-615,Payment Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 3 of 3 NOTICE TO PROCEED TO: DATE: PROJECT: PROJECT NO: In accordance with the Agreement dated _ you are hereby notified to commence work no later than , and you are to complete the work within consecutive calendar days thereafter. The date of completion of all work is, therefore, , OWNER: BY: _ SIGNATURE DATE PRINT OR TYPE NAME TITLE ACCEPTANCE OF NOTICE TO PROCEED Receipt of the above Notice to Proceed is hereby acknowledged this day of CONTRACTOR: . -- BY: SIGNATURE DATE PRINT OR TYPE NAME TITLE Notice to Proceed Page 1 of 1 ROBERT PECCIA&ASSOCIATES copyright©2011 APPAL OF SUBCONTRACTORS PROJECT TITLE: PROJECT NO: CONTRACTOR: _ Listed below are all of the subcontractors which we propose to use on this project.Your approval of these subcontractors is requested. We certify that these subcontractors, as listed,have been advised of the labor standards and provisions applicable to this project and that these provisions, as incorporated in the Contract between the Owner and the undersigned Contractor,will be incorporated in the contracts between the Contractor and the listed subcontractors.These provisions shall include all necessary insurance,workers compensation, and other legal requirements that the Contractor must carry. NAME AND ADDRESS MONTANA PUBLIC APPROXIMATE OF SUBCONTRACTOR CONTRACTOR'S TYPE OF WORK VALUE OF REGISTRATION NO. SUBCONTRACT TOTAL: Any deviation from this list shall be approved by the Owner prior to the subcontractor conducting the work. SIGNED BY(Contractor): SIGNATURE PRINT OR TYPE NAME DATE CHECKED BY(Engineer): SIGNATURE PRINT OR TYPE NAME DATE APPROVED BY(Owner): SIGNATURE PRINT OR TYPE NAME DATE Approval of Subcontractors 1 of 1 ROBERT PECCIA&ASSOCIATES copyright©2011 SUBSTITUTION REQUEST FORM TO(Engineer): PROJECT TITLE, __r- _ �_ PROJECT NUMBER: We hereby submit for your consideration the following product instead of the specified item for the above project. SPECIFICATION SECTION: PARAGRAPH: SPECIFIED ITEM: _ PROPOSED SUBSTITUTION: Attach complete technical data,including laboratory tests,if applicable. Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation.(Fill in blanks below.) A. Does the substitution affect dimensions shown on Drawings? B. Will the undersigned pay for changes to building design, including engineering and detailing costs caused by the requested substitution? C.What affect does substitution have on other trades? D. Differences between pro osed substitution and specified item? E:: E. Manufacturer's guarantees of the proposed and specified items are: Same Different(explain on attachment) The undersigned states that the function,appearance,and quality are equivalent or superior to the specified item. CHECKED BY ENGINEER: SUBMITTED BY: ❑ Accepted ❑ Accepted As Noted ❑ Not Accepted ❑ Received Too Late SIGNATURE DATE BY: PRINT OR TYPE NAME TITLE SIGNATURE DATE ADDRESS: ___ v PRINT OR TYPE NAME TITLE REMARKS: DATE- TELEPHONE: _s OWNER APPROVAL: BY: SIGNATURE DATE PRINT OR TYPE NAME TITLE Substitution Request Form 1 of 1 ROBERT PECCIA&ASSOCIATES copyright©2015 SCHEDULE OF VALUES FOR CONTRACT PAYMENT (Applies ONLY to Lump Sum Bid Items) PROJECT TITLE: PROJECT NO: CONTRACTOR: BID ITEM DESCRIPTION OF BID ITEM COMPONENT OF WORK COST PER NO. (Describe) COMPONENT TOTAL COST OF WORK ITEMS FOR PAYMENT REQUEST: I hereby certify that the costs of the work items noted above include an appropriate amount of overhead and profit applicable to each work item.The sum of the costs per component shall equal the lump sum unit price of the bid item. SIGNED BY(Contractor): SIGNATURE PRINT OR TYPE NAME DATE CHECKED BY(Engineer): _ SIGNATURE PRINT OR TYPE NAME DATE APPROVED BY(Owner): SIGNATURE PRINT OR TYPE NAME DATE Schedule of Values for Contract Payment 1 of 1 ROBERT PECCIA&ASSOCIATES copyright©2015 RM APPLICATION AND CERTIFICATE FOR PAYMENT Application No. Page 1 of 2 Period from: To: OWNER: CONTRACTOR: PROJECT: CONTRACT DATE: ORIGINAL CONTRACT SUM Change Order No. Change Order No. Change Order No. Net Change by Change Orders CONTRACT SUM TO DATE Amount Amount Less 1 Earned Retainage Earned Gross Estimate This Held This Less Receipts No. Estimate Estimate Retainage Tax Total Totals: Less Previous Certificates for Payment: Current Payment Due: CONTRACTOR'S CERTIFICATE "the undersigned Contractor certifies that the Work covered by this Application for Payment has been completed in accordance with the Contract Documents,that all amounts have been paid by him for Work for which previous Certificates for payment were issued and payments received from the Owner,and that current payment shown herein is due. Dated: Contractor By ENGINEER'S CERTIFICATE FOR PAYMENT This Application(with accompanying documentation)meets the requirements of the Contract Documents and payment of the abort °Current Payment Due'is recommended. Dated: Robert Peccia and Associates. Engineer By APPLICATION AND CERTIFICATE OF PAYMENT Page 1 of2 CONTINUATION SHEET Page 2 of 2 Application and Certification for Payrnent,containing Application Contractors signed Certification is attached Data O ( () ( ) () O O ( ) O Total Amount Contract Preldous Current Quantity Materials Less Earned %comple Item Contract Unit Contract Quantity Quantity Complete Total on Materials This to date No. Description ofWorl,, Quantity Price Price Requested Completed To Date Cost Site Installed Estimate TOTALS $0.00 $0.00 S0.00 APPLICATION AND CERTIFICATE OF PAYPIWr P.,2oft WORK DIRECTIVE CHANGE Instructions on Next Page PROJECT TITLE4 PROJECT NO.: CONTRACT DATE: OWNER: ENGINEER: CONTRACTOR: You are directed to proceed promptly with the following change(s): DESCRlP'TlON ATTACHMENTS (Lest documer�t� iAAorfig change) If a claim is made that the above change(s)have affected Contract Price or Contract Time, any claim for a Change Order based thereon will involve one of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: Method of determining change in Contract Time: ❑ Time and Materials ❑ Contractor's Records ❑ Unit Prices ❑ Engineer's Records ❑ Cost Plus Fixed Fee ❑ Other ❑ Other Estimated increase(decrease)in Contract Price: Estimated increase(decrease)in Contract Time: $ amount. If the change involves days. If the change involves an increase, an increase,the estimated amount is not to be the estimated time is not to be exceeded without further exceeded without further authorization. authorization. RECOMMENDED BY(Engineer): SIGNATURE PRINT OR TYPE NAME DATE AUTHORIZED BY(Owner): SIGNATURE PRINT OR TYPE NAME DATE ACCEPTED BY(Contractor): _ SIGNATURE PRINT OR TYPE NAME DATE Work Directive Change 1 of 2 ROBERT PECCIA$ASSOCIATES copyright©2011 RMI WORK DIRECTIVE CHANGE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Time.This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Time, a Field Order may be issued. B. COMPLETING THE WORK DIRECTIVE CHANGE Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed work is completed, another Work Directive Change must be issued to change the time or Contractor may stop the changed Work when the estimated time is reached. If the Work Directive Change is not likely to change the Contract Price,the space for estimated increase (decrease)should be marked "Not Applicable". METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT TIME: Mark the method to be used in determining the change in Contract Time and the estimated increase or decrease in Contract Time. If the change involves an increase in the Contract Time and the estimated time is approached before additional or changed Work is completed, another Work Directive Change must be issued to change the time or Contractor may stop the changed Work when the estimated time is reached. If the Work Directive Change is not likely to change the Contract Time, the space for estimated increase (decrease)should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in price or time. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Once the Work covered by this directive is completed for final cost and time determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR THE CONTRACT TIME.A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. Work Directive Change 2 of 2 ROBERT PECCIA&ASSOCIATES copyright©2011 IMN CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times: Substantial Completion: $ Ready for final payment: (days or dates Net Increase(Decrease)from previous Change Net change from previous Change Orders No._to Orders No. to No. Substantial Completion: $ Ready for final payment: (days) Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for final payment: (days or dates Net increase(decrease)of this Change Order: Net increase(decrease)this Change Order: Substantial Completion: $ Ready for final payment: (days) Contract Price with all approved Change Orders: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for final payment: (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work,additional time,delays or omitted items,of any nature whatsoever,associated with the subject change order items,except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further,that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR(Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER-Signature) Date OWNER(Authorized Signature) Date CHANGE ORDER FORM Page 1 of 2 CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION 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 FORM Page 2 of 2 AFFIDAVIT ON BEHALF OF CONTRACTOR STATE OF: ):ss COUNTY OF: PROJECT: PROJECT NUMBER: DATE: I certify to the best of my knowledge and belief that all work has been performed and materials supplied in strict conformance with the terms and conditions of the corresponding Contract Documents between the Owner, and the Contractor, dated for the Project, No. and further declare that all bills for materials, supplies, utilities, and for all other things furnished or caused to be furnished by the above-named Contractor and used in the execution of the above Contract have been fully paid, and there are no unpaid claims or demands of State Agencies, subcontractors, materialmen, mechanics, laborers or any others resulting from or arising out of work done or ordered to be done by said Contractor under the above-identified Contract. In consideration of the prior and final payments made and all payments made for authorized changes, the Contractor releases and forever discharges the Owner from any and all obligations and liabilities arising by virtue of said Contract and authorized changes between the parties hereto, either verbal or in writing, and any and all claims and demands of every kind and character whatsoever against the Owner, arising out of or in any way relating to said Contract, and authorized changes.This Waiver includes any claim of lien as well as any and all claims under 40 U.S.C. H 270a-270d ("the Miller Act")or any state statute serving a substantially similar purpose, and releases and waives any and all claims to any private bond right. This statement is made for the purpose of inducing the Owner to make Final Payment under the terms of the Contract, relying on the truth and statements contained therein. The Contractor acknowledges others, including lenders, insurers, and the Engineer, will rely upon this instrument as a full and complete waiver and release of all claims in the normal course of their transactions. Dated this day of at Montana. CONTRACTOR: Subscribed and sworn to before me this day of T NOTARY PUBLIC FOR THE STATE OF MONTANA BY: SIGNATURE DATE RESIDING AT PRINT OR TYPE NAME -..� TITLE MY COMMISSION EXPIRES Affidavit On Behalf of Contractor 1 of 1 ROBERT PECCIA&ASSOCIATES copyright©2011 oaf CONTRACTOR'S CERTIFICATE OF COMPLETION TO(Owner): n® DATE: PROJECT: PROJECT NO: ATTN(Engineer): __ _ CONTRACT DATE: FROM(Contractor): This is to certify that I, v , am an authorized official of working in the capacity of and have been properly authorized by said firm or corporation to sign the following statements pertaining to the subject contract: know of my own personal knowledge, and do hereby certify,that the work of the contract described above has been performed, and materials used and installed in every particular, in accordance with, and in conformity to, the Contract Plans and Specifications. The contract work is now complete in all parts and requirements and ready for your substantial completion inspection. understand that neither the determination of the Engineer that the work is complete nor the acceptance thereof by the Owner shall operate as a bar to claim against the Contractor under the terms of the guarantee provisions of the Contract Documents. CONTRACTOR: BY: SIGNATURE DATE PRINT OR TYPE NAME _ TITLE Contractors Certificate of Completion 1 of 1 ROBERT PECCIA&ASSOCIATES copyright©2011WA CERTIFICATE OF SUBSTANTIAL COMPLETION TO(Owner): SUBSTANTIAL COMPLETION DATE: PROJECT: _ __m CONTRACT DATE: PROJECT NO, m INSPECTION DATE: PROJECT OR PART SHALL INCLUDE: ENGINEER: PERFORMANCE BOND NO: _e - DATE OF BOND: - --- SURETY: - CONTRACTOR: MONTANA AGENT. ADDRESS: _ _w ADDRESS: PHONE NO: PHONE NO: The Work performed under this Contract has been inspected by authorized representatives of the Owner,Contractor,and Engineer,and the Project(or specified part of the Project,as indicated above)is hereby declared to be substantially completed on the above date. DEFINITION OF SUBSTANTIAL COMPLETION The date of substantial completion of a project or specified area of a project is the date when the construction is sufficiently completed,in accordance with the contract documents,as modified by any change orders agreed to by the parties,so the Owner can occupy or utilize the project or specified area of the project for the use for which it was intended. Atentative list of items to be completed is appended hereto.This list may not be exhaustive,and the failure to include an item on it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. ENGINEER: BY: SIGNATURE DATE The Contractor accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR: BY: SIGNATURE DATE The Owner accepts the Project or specified area of the Project as substantially complete and will assume full possession of the project or specified area at (time),on (date).The responsibility for heat, utilities,security, and insurance under the Contract Documents shall be as set forth under"Remarks"below. OWNER: BY: SIGNATURE DATE REMARKS:(include additional information if necessary) Certificate of Substantial Completion 1 of 1 ROBERT PECCIA&ASSOCIATES copyright©2015RM CONSENT OF SURETY COMPANY TO FINAL PAYMENT OWNER: ENGINEER: CONTRACTOR: SURETY: PROJECT: PROJECT NUMBER: CONTRACT DATE: In accordance with the provisions of the contract between the Owner and the Contractor indicated above, the _ _ _ , SURETY COMPANY, on bond of (here insert name of Surety Company) CONTRACTOR, (here insert name and address of Contractor) hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to OWNER, (here insert name and address of Owner) as set forth in the said Surety Company's bond. IN WITNESS WHEREOF,the Surety Company has hereunto set its hand this day of SURETY COMPANY: ' COMPANY NAME 1 1 ADDRESS (SEAL.) i i SIGNATURE OF AUTHORIZED REPRESENTATIVE 1 i I TITLE DATE NOTE:This form is to be used as a companion document to the Affidavit on Behalf of Contractor(current edition). Consent Of Surety Company To Final Payment 1 of 1 ROBERT PECCIA&ASSOCIATES copyright©2011 RMT OWNER'S ACCEPTANCE AND GRANT OF POSSESSION On the basis of independent observations and inspections and the recommendations of the Engineer, the Owner accepts the Project as complete. This acceptance does not relieve the Contractor of continuing obligations as described above. The Contractor is reminded this Project is under warranty beginning and that bonds shall remain in effect for two years after the Date of Acceptance specified above. The Owner hereby grants possession of all public infrastructure improvements completed by this Project to the City of Bozeman and warrants against defects in these improvements for a period of two years from the Date of Acceptance specified above. By: Owner Printed Name. Date; CITY OF BOZEMAN'S ACCEPTANCE The City of Bozeman hereby accepts possession of all public infrastructure improvements, subject to the above indicated warranty. This acceptance does not relieve the Owner or Contractor of his continuing obligations for this work as described above or otherwise required through Improvement Agreements, conditions of plat approval, or his other contractual commitn-eats. City of Bozeman . B :y; Title: Date: 2 APPENDIX B GEOTECHNICAL REPORTS 2511 Holman Avenue GEOTECHNIC qL P. O. Box 80190 Billings, Montana 59108-0190 . p: 406.652,3930; f: 406.652.3944 www.skgeotechnicaL com July 22,2015 Project 14-3299G Ms. Staci Venner,PE Robert Peccia&Associates 3810 Valley Commons Drive#4 Bozeman,Montana 59718 Via Email: staci@rpa-hln.com.com Dear Ms.Venner: Re: Geotechnical Evaluation,Proposed Signal Pole Foundations,Proposed Baxter Lane and Davis Lane Intersection Improvements Project,Bozeman, Montana The geotechnical evaluation authorized by Supplement Agreement No. 1 to our Subconsultant Service Agreement, dated December 2,2014,has been completed. The purpose of the geotechnical evaluation was to characterize and evaluate subsurface soil and groundwater conditions at accessible boring locations for the project. Based on this information,the geotechnical work evaluated whether or not the standard drilled pier foundations used by Montana Department of Transportation(MDT) could be used for the various signal poles. Project Information The City of Bozeman is planning improvements to the intersection of Baxter Lane and Davis Lane. We provided preliminary pre-design pavement design recommendations for the project in a letter report dated February 17,2015. As design progressed,it was decided to add signal poles to the intersection. New signal poles will be added at each quadrant. As can be seen on the attached Boring Location Sketch,the signal poles at the northeast and southwest quadrants will have 60-foot mast arms,the northwest quadrant will have a 40-foot mast arm,and the southeast will have a 50-foot mast arm. MDT Standard Details for the mast arm lengths indicated they are typically supported on drilled piers with dimensions of 3'x 13' (diameter x depth), 3'x 12',and 2.5'x 8,respectively. Field Procedures Boring Locations and Elevations. The boring locations were initially staked at the intersection by personnel with Robert Peccia&Associates (RPA). Boring locations were selected at the northwest and southeast quadrants because site and property conditions limited access at the other two quadrants. When our drill crew arrived on the site and reviewed the underground utility marks,it was determined both borings would have to be moved. The revised boring locations are labeled as ST-lA and ST-2A on the attached Boring Location Sketch. The distance the borings were moved are indicated on the specific Log of Boring sheets. The provided ground surface elevations at the borings were no longer representative due to having to relocate the borings. Therefore,elevations are not included on the boring logs. Soil Borings. Penetration test borings ST-lA and ST-2A were performed by our personnel on June 24, 2015. The approximate locations of the borings are indicated on the attached Boring Location Sketch. Robert Peccia&Associates July 22, 2015 Project 14-3299G Page 2 The borings were performed with our truck-mounted core and auger drill. Sampling for the borings was conducted in accordance with the American Society for Testing and Materials (ASTM)D 1586, "Penetration Test and Split-Barrel Sampling of Soils." Using this method,we advanced the borehole with hollow-stem auger to the desired test depth. Then, a 140-pound hammer falling 30 inches drove a standard,2-inch O.D. split-barrel sampler a total penetration of 1 1/2 feet below the tip of the hollow-stem auger. The blows for the last foot of penetration were recorded and are an index of soil strength characteristics. Upon completion of the borings,the borings were backfilled by the drill crew. The pavement surface was patched with cold mix asphalt. The samples from the borings were returned to our office and visually and manually classified by a geotechnical engineer in accordance with ASTM D 2488, "Standard Practice for Description and Identification of Soils (Visual—Manual Procedures)." A summary of the ASTM classification system is attached. Soils General. Log of Boring sheets indicating the depth and identification of the various soil strata, penetration resistances,laboratory test data, and groundwater level information are attached. It should be noted,the depths shown as boundaries between the strata are only approximate. The actual changes may be transitions and the depths of changes vary between borings. Geologic origins presented for each stratum on the Log of Boring sheets are based on the soil types, blows per foot,and available common knowledge of the depositional history of the site. Because of the complex glacial and post-glacial depositional environments,geologic origins are frequently difficult to ascertain. A detailed evaluation of the geologic history of the site was not performed. Boring Profiles. The general soil profile encountered by the borings was existing fill to depths ranging from 4 to 5 feet,underlain by a soft clay layer to about 7 feet over gravel and sand alluvium. Groundwater was encountered in both borings at depths of about 6 to 7 feet while drilling. These strata are described in more detail below. Boring ST-lA at the northwest quadrant encountered existing fill most likely associated with the existing roadway embankment. The existing fill consisted of silty gravel to 1 foot underlain by sandy lean clay to 2 feet where a layer of organic clay was encountered to 3 feet. Lean clay fill was then encountered to a depth of 5 feet where native clays were present. Boring ST-2A encountered 7 inches of existing asphalt pavement underlain by base course to a depth of 1 foot over clayey gravel fill to a depth of 4 feet where native clays were encountered. Penetration resistances in the silty gravel and clayey gravel fill were 11 blows for 6 inches of penetration and 44 blows per foot(BPF). These values indicated the gravel fill was medium dense to dense. Penetration resistances in the clay fill were 2 blows for 6 inches,indicating it was rather soft. Below a depth of 5 feet in Boring ST-lA and 4 feet in Boring ST-2A,both borings encountered native alluvial clays to depths of 7 and 6 1/2 feet,respectively. These clays primarily consisted of lean clay with sand and clayey sand. The lean clay in Boring ST-lA was found to be waterbearing. Penetration resistances in the alluvial clays ranged from 2 blows for 6 inches of penetration to 11 BPF. These values indicated the clays were rather soft to rather stiff. Robert Peccia&Associates July 22, 2015 Project 14-3299G Page 3 Below depths of 7 and 6 1/2 feet,respectively,the borings encountered gravel alluvium. This gravel alluvium was encountered to the termination depth of 20 feet in Boring ST-2A. In Boring ST-lA,the gravel alluvium was encountered to a depth of 11 feet,where alluvial sand was encountered to 15 feet underlain by gravel alluvium to about 20 feet. The gravel and sand alluvium was found to be waterbearing and had penetration resistances ranging from 23 BPF to 50 blows for only 5 inches of penetration. These values indicated the gravel and sand alluvium was found to be medium dense to very dense. We wish to also point out,the gravel alluvium in Bozeman typically contains cobbles (4 inches to 12 inches in diameter). Groundwater. Groundwater was encountered in both borings and will also be encountered during installation of the drilled piers to support the signal poles. Groundwater was encountered in the clay alluvium at a depth of 6 feet in Boring ST-1A. Groundwater was encountered just below the clay alluvium at a depth of 7 feet in Boring ST-2A in the gravel alluvium. Groundwater levels in Bozeman can fluctuate significantly,especially during spring run-off and snow melt as well as peak irrigation seasons. We anticipate the groundwater levels could be up to 3 feet higher than recorded on the boring logs. Groundwater management and dewatering will therefore be required during installation of the drilled pier foundations to support the signal poles. Laboratory Procedures Classification Tests. Classification tests consisting of Atterberg limits and grain size analysis were performed on a sample from each boring. The results are attached and included on the boring logs confirming the lean clay(CL)and clayey sand(SC) classifications. Corrosion Tests. The results of corrosion tests performed on two clay samples in accordance with MDT procedures are also attached. The high conductivities indicate these soils are corrosive to buried metallic pipes and corrosion protection should be provided. The results also indicate the soils are generally not corrosive to concrete,but we recommend providing Type 1/II cement for moderate corrosion resistance. Analysis and Recommendations Discussion. Our analysis of the standard MDT foundations for the various mast arm lengths indicated the 2.5'x 8'drilled pier foundation used for the 40-foot mast arm was not suitable. Our calculations indicated this pier foundation would fail in torsion,primarily because of the soft lean clay layer encountered from about 4 to 7 feet. We therefore recommend upsizing the drilled pier foundation beneath this mast arm length one size to the 3'x 12'foundation to provide more torsion resistance. Our analysis of the 50-foot and 60-foot mast arm lengths indicated the standard MDT foundations were suitable. Recommendations Foundations. Our recommended drilled pier foundations for the three different lengths of mast arms are indicated in Table 1 below. Table 1. Recommended Drilled Pier Foundations Signal Pole Location Mast Arm Length Recommended Pier Foundation Diameter x De th NW Quadrant 40' 3'x 12'* SE Quadrant 50' 3'x 12' NE and SW Quadrants 60' 3'x 13' *Modified from the standard 2.5'x 8'foundation. Robert Peccia&Associates July 22, 2015 Project 14-3299G Page 4 Borings were not able to be performed at the northeast and southwest quadrants due to site and property limitations. Even so,we expect a similar soil profile will be encountered in these areas. We recommend, however, Special Inspection of the soils encountered during installation of the drilled piers be performed during construction to confirm the anticipated soils are encountered. In particular,it is important the drilled pier foundations extend a minimum of 4 feet into the dense gravel alluvium. Construction Drilled Piers. We recommend the drilled piers be installed in accordance with the project specifications, most likely MDT 2014 Standard Road and Bridge Specifications. We also recommend they be installed in accordance with American Concrete Institute(ACI) 336.1-01. In particular,we anticipate the existing fill,soft clays, and underlying gravel alluvium will be highly susceptible to sloughing into the drilled pier hole while drilling,i.e.,these soils will not stay open. Therefore,temporary casing will most likely be required while drilling,or perhaps a slurry method can be used to maintain the drilled pier hole shape. Due to the presence of groundwater,we anticipate it will be necessary to place the concrete by tremmie method. This approach displaces the water in the drilled pier out the top of the shaft, and this displaced water should be controlled. Dewatering should not be attempted since excessive seepage can loosen the soils in the sides and bottoms of the excavations. Refer to ACI 336.1 for more pertinent information related to the drilled pier installation. When considering drilled piers with casing and high groundwater,we recommend careful selection of qualified contractors. The contractor must have experience with installing drilled piers in these conditions. Observations and Testing. We recommend the drilled piers be observed by a geotechnical engineer or an engineering assistant working under the direction of a geotechnical engineer to see if the soils encountered are similar to those encountered by the borings. This is typically referred to as a Special Inspection requirement. During construction,we recommend observations be performed to confirm the drilled pier is installed in accordance with specifications. We also recommend concrete testing be performed, including slump,air content, and compressive strength cylinders. General Recommendations Summary of Recommendations. The analysis and recommendations submitted in this report are based upon the data obtained from the borings performed at the locations indicated on the attached sketch. Often,variations occur between the borings,the nature and extent of which do not become evident until additional exploration and construction is conducted. A re-evaluation of the recommendations in this report should be made after performing an on-site observation during construction to note the characteristics of any variations. The variations may result in additional earthwork and construction costs, and it is suggested a contingency be provided for this purposes. It is recommended we be retained to perform the observations and testing program for the site preparation phase of the project. This will allow correlation of the soil conditions encountered during construction to the soil borings and will provide continuity of professional responsibility Groundwater Fluctuations. We made water level observations in the borings at the time of our fieldwork under the conditions stated on the boring logs. These data were interpreted in the text of this report. The period of observation was relatively short,and fluctuation in the groundwater level may occur Robert Peccia&Associates July 22,, 2015 Project 14-3299G Page 5 due to rainfall,flooding,irrigation,spring thaw,drainage,and other seasonal and annual factors not evident at the time the observations were made. Design drawings and specifications and construction plaiming should recognize the possibility of fluctuations. ,,._ Use of Report. This report is for the exclusive use of Robert Peccia&Associates,the City of Bozeman, and the selected contractor to use to design the proposed roadway improvements and prepare construction documents. In the absence of our written approval,we make no representation and assume no responsibility to other parties regarding this,report'. The data,analyses,and recommendations may not be appropriate for other strictures or purposes. We recommend parties contemplating other alignments " contact us. Level of Care. Services performed by SK Geotechiical Corporation personnel for this project have been l conducted with that level of care and skill ordinarily exercised by members of the profession currently f, practicing in this area under similar budget and time restraints. No warranty,expressed or implied, is made. r We appreciate the opportunity to provide these set-vices for you; If we can be of further assistance,please contact us at your convenience. Sincerely, Professional Certification f hereby,peqjfy,tbat this report was prepared under my dire that I am a duly Licensed Professional Eigi er under the-I 'S of the State of Montana.. +e s a tl j r �t a o 1Staff t ride! ,3�3t e,l Engineer I icense, 67t �°ee-revises Cory G.Rice,PE Reviewing Engineer Attachments. Boring Location Sketch Descriptive Terminology Log of Boring Sheets ST-IA and ST-2A Laboratory Test Results: f 1 E' .k y�tir '4 Y fi t3 R - ca r . s BORING LOCATION SKETCH Geotechnical Evaluation Proposed Signal Poles Baxter and Davis Lane Bozeman, Montana « _ � -: By: SK Geotechnical 7/21/15 GE OTECHNICArr Descriptive Terminology Standard D 2487 Classification of Soils for Engineering Purposes Particle Size Identification Boulders.......................... ..............over 12" (Unified Soil Classification System) Cobbles............................................3"to 12" --, Gravel Soil Classification coarse.............................._..........3/4"to 3" Criteria for Assigning Group Symbols and Group Names Using Laboratory Tests^ Group n fine.........................................No.4 to 3/4" Symbol Group Name Sand Gr Clean Gravels Cu>-4 and I <_Cc 5 3 E GW Well aded av_I avels r coarse.................................No.4 to No.10 More t than Less than 5% e Poorly graded gravel medium............................No.10 to No.40 More fines c Cu <4 and/or I > Cc > 3 GP F fine.................................No.40 to No.200 Coarse- coarse Gravels with Fines classify as ML or MH GM Silty ravel r'c'n Silt..................................No.200 to.005 min Grained fraction Fines ...............less than.005 mm Soils retained on More than 12% Fines classify as CL or CH GC Clayey gravel r.c,x Relative Density Of COheSlOnleSS SOUS More than No.4 sieve fines° very loose......................................0 to 4 BPF 50% Sands Clean Sands Cu? 6 and I < Cc <3 E SW Well graded sand retained 50%or Less than 5% < 6 and/or 1 > Cc> 3 SP E loose......... ...........................II tol0BPF ° Cu Poorly graded sand' medium densense...........................11 to 30 BPF on No. more of fines 200 sieve coarse Sands with Fines classifyM as ML or H SM Siltysand G."'' dense....__.................................31 to 50 BPF fraction Fines very dense.................................over 50 BPF t passes No.4 More than 12% Fines classify as CL or CH SC Clayey sand°•x't Consistency of Cohesive Soils sieve fines° very soft........................................0 W I BPF PI > 7 and plots on or above CL Lean clay K.L"t soft.................................................2 to 3 BPF Fine- Silts and Inorganic "A"line Grained Clays PI <4 or lots below"A"line ML Silt "' rather soft......................................4 to 5 BPF Soils Liquid Limit Liiguid limit-oven dried < 0.75 OL Oreanic clay x,L."t,x medium.........................................6 to 8 BPF 50%or less than 50 Organic Liquid limit-not dried Organic silt K,-M'° rather stiff....................................9 to 12 BPF more PI plots on or above"A"line CH Fat cla K,L,"s stiff............................................13 to 16 BPF passes the Silts and Inorganic No.200 Clays PI lots below"A"line MH Elastic silt'-',m very stiff....................................17 to 30 BPF K,L.M,P sieve Liquid limit Organic Liquid Limit-oven dried <0.75 Or¢anic clav hard............................................over 30 BPF 50 or more g Liquid limit-not dried OH Or attic si1tK "t'Q Moisture Content(MC)Description Primarily organic matter,dark in color,and organic P1 peat rather dry MC less than 5%,absence of Highly Organic Soils odor moisture,dusty Based on the material passing the 3"(75 nun)sieve. x If fines are organic,add"with organic fines"to moist MC below optimum,but no B If field sample contained cobbles or boulders,or both, group name. add"with cobbles or boulders,or both"to group name. If soil contains>- 15%gravel,add"with gravel" visible water wet Soil is over optimum MC c Gravels with 5 to 12%fines require dual symbols to group name. GW-GM well-graded gravel with silt If Atterberg limits plot in hatched area,soil is a waterbearing Granular or low plasticity GW-GC well-graded gravel with clay CL-ML,silty clay. soil with free water,typically GP-GM poorly graded gravel with silt K If soil contains 15 to 29%plus No.200,add near or below groundwater GP-GC poorly graded gravel with clay "with sand"or"with gravel",whichever is table ° Sands with 5 to 12%fines require dual symbols. predominant. saturated Cohesive soil,typically near SW-SC well-graded sand with clay L If soil contains>_30%plus No.200 or below groundwater table SP-SM poorly graded sand with silt predominantly sand,add"sandy"to group name. SP-SC poorly graded sand with clay M If soil contains>-30%plus No.200 E Cu= D5o/Dto predominantly gravel,add"gravelly"to group Cc= (DJ/(Din x Dso) name. If soil contains>_ 15%sand,add"with sand"to group u PI >-4 and plots on or above"A"line. Drilling Notes F name. ° PI<4 or plots below"A"line. Standard penetration test borings were advanced If fines classify as CL-ML,use dual symbol GC-GM or P PI plots on or above"A"line. by 3'/4"or 4'/4"ID hollow-stem augers,unless ° SC-SM. Q PI plots below"A"line. noted otherwise.Standard penetration test borings are designated by the prefix"ST"(split so` — y tube).Hand auger borings were advanced For class iftcal,on of fine- rained soils' ,f manually with a 2 to 3"diameter auger to the and fine-yrotned racttoaof cddrsernine3. sods. _ depths indicated. Hand auger borings are a Lquotiofi of A line indicated by the prefix"HA." , 20} o then PI-073 I-I. �! v x lfori;ontdtatPl=4to1L=25.5; pJ/ Q `b�" Sampling. All samples were taken with the z Equation of b"-tiae f standard 2"OD split-tube sampler,except where Ver}lcol tit t.L=l n i4 ph7 G noted. TW indicates thin-walled tube sample. > then P140.9(LL-81 /f t s :_ f_ -- .-- _—'-- CS indicates California tube sample. 2 � !t �y, BPF. Numbers indicate blows per foot recorded a to u — MH o OH value. in standard penetration test,also known as"N" value. The sampler was set 6"into undisturbed to soil below the hollow-stem auger. Driving resistances were then counted for second and at ht M oR Q�- third 6"increments and added to get BPF. i_ Where they differed significantly,they were °a to —to 20 309 0 50 eta Tn a5 so t°O --itz separated by backslash(/). In very dense/hard LIQUID LIMIT ILA) fa 0,�..Pl.-S110y Chad strata,the depth driven in 50 blows is indicated. VYH. WH indicates the sampler penetrated soil Laboratory Tests under weight of hammer and rods alone;driving DD Dry density,pcf OC Organic content,% not required. WD Wet density,pcf Paoo %passing 200 sieve Note. All tests were run in general accordance LL Liquid limit PL Plastic limit with applicable ASTM standards. PI Plasticity index MC Natural moisture content,% qu Unconfined compressive strength,psf October 13,2014 qp Pocket penetrometer strength,tsf GEOTECHNICAL 2511 Holman Avenue P.a.Box 0190 LOG OF BORING Billings,MT 5910108-0190 Phone:406.652.3930 PROJECT: 14-3299G BORING: $T-1A GEOTECBMCAL EVALUATION LOCATION: Proposed Signal Poles See Boring Location Sketch Baxter and Davis Lane Intersection Bozeman,Montana DRILLED BY: M.Luce METHOD: 3 1/4"HSA,Automatic DATE: 6/24/15 SCALE: 1"=3' Elev. Depth Symbol Description of Materials BPF WL qp* Remarks 0.0 MC +:3;I FILL: Silty Gravel with Sand,fine-to Moved 30'N due to 1.0 ;�; ; coarse-grained,trace clay lumps and roots,light underground utilities. olive brown,moist,medium dense. 11/10 6.6 + + + •--------- -- — 2.0 �;�; ; FILL: Sandy Lean Clay with Gravel,low plasticity, + + +i dark olive brown and tan,wet,very stiff. ————— 3.0 FILL: Organic Clay,low to medium plasticity,trace 23 20.5 I; gravel,black,wet,very stiff. —————————_—- TW Sample ;Jill+ FILL: Lean Clay with Sand,medium plasticity, __ Tw 32.5 LL=44,PL=18,PI=26 trace organic clay,dark brown and tan,wet,rather PZoo 85% soft. 5.0 LEAN CLAY with SAND,low plasticity,light olive 2/2 zs.o 1/4 brown,wet to waterbearing at 6',rather soft. V CL (Alluvium) An open triangle in the 7,0__P water level(WL) POORLY GRADED GRAVEL with SAND,fine- column indicates the to coarse-grained,black and brown,waterbearing, 54 21.1 depth at which groundwater was first very dense to dense. (Alluvium) observed while drilling. GP = 34 6.0 11.0 _ _ _ POORLY GRADED SAND with GRAVEL,fine- to coarse-grained,dark brown,waterbearing, medium dense. (Alluvium) 25 6.2 SP 15.0 10/22 24.0 POORLY GRADED GRAVEL with SAND,fine- *gp=pocket to coarse-grained,some cobbles,dark brown, penetrometer estimate waterbearing,dense to very dense. (Alluvium) of unconfined _= compressive strength, _- tons per square foot. GP =— 0 o z z — z =_ c� g 19.9 so-s" 21.2 END OF BORING rn M Water down 8.3'with 9'of hollow-stem auger in the ground. LL Waterbearing soils observed at about 6'while drilling. z a 0 m 14-3299G ST-lA page 1 of 1 &GEOTECHNICAL) 2511 Holman Avenue P. O.Box 0190 LOG O F BORING Billings,MT 59108-0190 Phone: "':652:"30 F.x3944 PROJECT: 14-3299G BORING: ST-2A GEOTECIINICAL EVALUATION LOCATION: Proposed Signal Poles See Boring Location Sketch Baxter and Davis Lane Intersection Bozeman,Montana DRILLED BY: M.Luce METHOD: 3 1/4"HSA,Automatic DATE: 6/24/15 SCALE: 1"=3' Elev. Depth Symbol Description of Materials BPF WL qp Remarks 0.0 MC 0.6 FILL: 7"Asphalt Pavement. Moved 17'W and 30'S — ——— — — ——— due to underground 1. �,{, FILL: Base Course: Poorly Graded Sand with 16 4.9 utilities. I E i i Gravel, Silt,and Asphalt, fine-to coarse-grained, dark brown,moist,medium dense. ___—— E;3; FILL: Clayey Gravel with Sand,fine-to 44 6.0 coarse-gramed,low plasticity,trace red gravel, grayish brown,moist, dense. 4.0 ' LEAN CLAY with SAND,low plasticity,trace CL salts,light olive brown,moist to wet,rather stiff. 5.5 (Alluvium) 11 19.7 4+ CLAYEY SAND,fine-to medium-gramed,low TW Sample 6.5 Sc plasticity, olive brown,wet. (Alluvium) = T�' 15.4 LL=27,PL=17,PI=10 POORLY GRADED GRAVEL with SAND,fine- Pzoo-41% to medium-grained,black and dark brown, waterbearing,medium dense to very dense. 24 17.7 (Alluvium) 23 9.8 32 16.3 GP 38 10.6 a _= -with cobbles below 18' o -- Z — Z == s -= �? 20.5 = -with clay below 20' xa 5.1 m - M END OF BORING Water down 8'with 19'of hollow-stem auger in the ground. n Waterbearing soils observed at about T while 0o drilling. 14-3299G ST-2A page 1 of 1 Sieve Size 3" 1.5" 3/4" 3/8" #4 #10 #20 #40 #100 #20 100 I 90 80 I 70 60 50 a� a40 30 20 to- 0- to Particle Size in Millimeters Gravel Sand coarse fine coarse medium fine i Percent Passing U.S. Standard Sieve Size ; 3" 1 1/2" 3/4" 3/8" #4 #10 #20 #40 #80 #100 4200 ' i 100 98 97 94 90 89 85 I Boring No.: ST-IA Date Received: 07/07/2015 Liquid Limit: 44 Sample No.: TWl Depth: 3'to 4' Plastic Limit: 18 Plasticity Index: 26 Percent Gravel: 0.0 Classification: CL Percent Sand: 15.0 Percent Silt+Clay: 85.0 Moisture Content: 32.5% ASTM Group Name: LEAN CLAY with SAND Sieve Analysis Project Number: 14-3299G KS�g 2511 Holman Avenue Proposed Signal Poles P.O. Box 80190 Billings,MT 59108-0190 Baxter and Davis Lane Intersection Phone: 406.652.3930 Fax: 406.652,3944 7/22/15 2511 Holman Avenue P. O. Box 80190 GEOTECHNICAL Billings, Montana 59108-0190 p: 406.652,3930; f: 406.652,3944 www.skgeotechnicaL com Corrosion Test Results MDT MT 232 Date: July 22,2015 Project: 14-3299G Geotechnical Evaluation Proposed Signal Pole Foundations Proposed Baxter Lane and Davis Lane Intersection Improvements Project Bozeman,Montana Client: Ms. Staci Venner,PE Robert Peccia&Associates 3810 Valley Commons Drive#4 f Bozeman,Montana 59718 Date sampled: See Log of Boring Sheets Date tested: 7/10/2015 Sampled by: Drill Crew Tested by: Nicholas Staffileno BoringDepth Resistivity Conductivity pH Marble pH Sulfate(%) (feet) (O-cm) (m.mhos/cm) ST-1 3 -4 960 1.042 7.82 7.86 0.01 ST-2 5.5 -6.5 600 1.667 7.89 7.81 ND Remarks: pH probe recalibrated @ 4 and 7 prior to testing. 92•cm and pH results are average of 2 readings. Sulfate result is MT-232 HCl method from Energy Labs. Sulfide result is SW846 Ch7 method from Energy Labs. ND=non-detect NT=not tested Robert Peccia&Associates February 17,2015 Project 14-3299G Page 6 It is recommended that when the road is reconstructed,we be retained to perform the observations and testing program for the site preparation.This will allow correlation of the soil conditions encountered during construction to the soil borings. Use of Report. This report is for the exclusive use of.Robert Peccia&Associates and the City of Bozeman for use in their preliminary design. In the absence of our written approval,we make no representation and assume no responsibility to other parties regarding this report. The data,analyses and recommendations may not be appropriate for other structures or purposes. We recommend parties cootemptating other alignments or purposes contact us. Level of Care. Services performed by S.K Geotechnical Corporation personnel for this project have been conducted with that level of care and skill ordinarily exercised by members of the profession currently practicing in this area under similar budget and time restraints. No warranty,expressed or implied,is made, We appreciate the opportunity to provide these services for you. If we can be of further assistance,please contact us at your convenience. Sincerely, ZS Chad C,Binstock Engineering Assistant/Drill Supervisor Professional Certification I he iat this report was prepared under my d that I am a duly Licensed Professional i emend e s of the State of Montana. CORY C ►: --G 'o cl,REice L .19 Attachments: Site Location Sketch_ DARWinTMPavement Analyses and Supporting Documents(18) Traffic Count Summary Summary Existing ADT Pecent Heavy Leg Adjusted ADT Vehicles North 6,362 3.21 West 7,302 2.86 South 5,600 3.13 East 7,767 2.55 Projected ADT Pecent Heavy Leg Adjusted ADT Vehicles North 11,140 3.21 West 15,337 2.86 South 9,610 3.13 East 16,068 2.55 r r` APPENDIX C 404 NATIONWIDE PERMIT DEPARTMENT OF THE ARMY CORPS OF ENGINEERS,OMAHA DISTRICT HELENA REGULATORY OFFICE 10 WEST 16TH STREET,SUITE 2200 • HELENA,MONTANA 69626 REPLY TO ATTENTION OF p March 23, 2018 Regulatory Branch Montana State Program Corps No. NWO-2016-00233-MTH Subject: City Of Bozeman - Baxter Lane Improvements -Various Waters (Gallatin County) i a Robert Murray City of Bozeman Engineering 20 East Olive i Bozeman, Montana 59771-1230 _ F Dear Mr. Murray: We are responding to your request for Nationwide Permit (NWP) verification for the above-mentioned project. The project is located at Latitude 45.700277°, Longitude -111.0758330, near the East Gallatin River, within Section 35, Township 1 South, Range 5 East, Bozeman, Gallatin County, Montana. Specifically, you requested authorization for the following work in waters of the U.S.: Work Description Item _ Station 95+75 to 98+60: Temporarily impact 0.024 acre and permanently impact 0.026 acre of emergent wetland adjacent to East Catron Creek by extending an 1 existing 43-inch by 64-inch Corrugated Metal Pipe Arch (CMPA) by 26 feet, removing and reinstalling a flared end terminal section, a new retaining wall and expanding the road shoulder. Bedding fill will consist of 36 cubic yards of granular bedding material. Station 87+68 LT: Temporarily impact 0.008 acre and permanently impact 0.062 acre of emergent wetland adjacent to West Catron Creek by extending an 3 2. existing 36-inch Reinforced Concrete Pipe Arch (RCPA) by 42 feet, installing a E flared end terminal section and expanding the road shoulder. Bedding fill will i consist of 19 cubic yards of granular bedding material. G Station 61+60 to 65+30: Temporarily impact 0.004 acre of emergent wetland to 3' install a 15-inch storm drain into an existing storm water basin. i Station 23+35 to 24+23: Permanently impact 80 feet of perennial ditch and temporarily impact 0.002 acre of adjacent emergent wetland by removing 8 feet 4' of existing 48-inch RCPA and extending it by 88 feet to the south. Bedding fill will consist of 70 cubic yards of granular bedding material. Printed on Recycled Paper l -2- i Station 27+21 to 32+73: Permanently impact 535 feet of perennial ditch and 4 5 temporarily impact 0.003 acre of adjacent emergent wetland by removing 8 feet of existing 48-inch RCPA and installing 552 feet of 48-inch RCPA to the north. Bedding fill will consist of 440 cubic yards of granular bedding material. I The project will be completed as detailed in the drawings entitled "BAXTER 6 LANE IMPROVEMENTS, FROM DAVIS LANE TO NORTH 19TH AVE.", prepared and submitted on behalf of the applicant by RPA, and dated March 2, 2018. Based on the information you provided, the proposed activity, permanently affecting approximately 0.088 acre of emergent wetland, temporarily affecting approximately 0.041 acre of emergent wetland, and permanently affecting 615 linear feet of jurisdictional irrigation ditch is authorized by NWP 14 Linear Transportation Projects, found in the January 6, 2017, Federal Register (82 FR 1860), Reissuance of Nationwide Permits. Enclosed is a fact sheet that fully describes this NWP and lists the General and Regional Conditions that must be adhered to for this authorization to l remain valid. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. i 4' In addition to conditions referenced above, the following special conditions apply: Special Condition To mitigate for the loss of 615 linear feet of waters of the United States, you shall purchase 2,203 stream credits from a Corps approved commercial mitigation bank. y The selected mitigation bank shall include the area of the permitted project within its primary service area. Written proof of the mitigation credit purchase shall be provided to the Corps of Engineers prior to impacts occurring to the.waters authorized. to be impacted by this permit. Upon receipt of such proof, all liabilities for the success, monitoring, and long- term management of the mitigation covered by this authorization will become the responsibility of the mitigation bank sponsor. The permittee will have satisfied all mitigation requirements for this permit. You are responsible for ensuring that all work is performed in accordance with r the terms and conditions of the NWP. If a contractor or other authorized representative will be conducting work on your behalf it is strongly recommended that they be provided a copy of this letter and the enclosed conditions. Failure to comply with the General and Regional Conditions of this NWP, or the project-specific special condition of this authorization, may result in the suspension or revocation of your authorization and may be subject to appropriate enforcement action. Printed on Recycled paper t -3- I I The Montana Department of Environmental Quality has provided the enclosed CWA Section 401 water quality certification for this NWP which includes General Conditions, all of which must be complied with for that certification to remain valid. This does not eliminate the need to obtain other permits that may be required by that agency. This verification is valid until March 18, 2022, when the existing NWPs are scheduled to be modified, reissued, or revoked. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified, reissued or revoked, you will have twelve (12) months from the date of the modification, reissuance or revocation of the NWP to complete the activity under the present terms and conditions unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e) and 33 CFR 330.5 (c) or (d). Project specific special condition listed in this letter continue to remain in effect after the NWP verification expires, unless the district engineer removes those conditions. Activities completed under the authorization of an NWP which was in effect at the time the activity was completed continue to be authorized by that NWP. j In compliance with General Condition 30, we have enclosed a "compliance certification" form, which must be signed and returned within 30 days of completion of the project, including any required mitigation. Your signature on this form certifies that I` you have completed the work in accordance with the terms and conditions of the NWP. r. The Omaha District, Regulatory Branch is committed to providing quality and timely service to our customers. In an effort to improve customer service, please take a E moment to complete our Customer Service Survey found on our website at: http:Hcorpsmapu.usace.army.mil/cm apex/f?p=regulatory survey. If you do not have Internet access, you may call and request a paper copy of the survey that you can complete and return to us by mail or fax. Please refer to identification number NWO-2016-00233-MTH in any correspondence concerning this project. If you have any questions, please contact Sage Joyce at Post Office Box 7032, Billings, Montana 59103, by email at Sage.L.Joyce@usace,army.mil, or telephone at (406) 657-5910. Sincere) ; Todd N. Tillinger Montana Program Manager E pF; f Printed on Recycled Paper i 1 i Enclosures: Compliance Certification NWP 14 Linear Transportation Projects Fact Sheet with Regional Conditions i Montana DEQ CWA Section 401 Water Quality Certification 4 cc. Daniel Norderud, Robert Peccia &Associates Inc,, via email (DNorderud@rpa-hln.com) Staci Venner, Robert Peccia &Associates Inc., via email (SVenner@rpa-hin.com) F I t y e j F L% 1 f v fkk. t: f Ie I( Printed.on®Recycled Paper' t 5 i i i -5- COMPLIANCE CERTIFICATION i Corps File Number: NWO-2016-00233-MTH I Permit Type: NWP 14 Linear Transportation Projects E Name of Permittee: Robert Murray, City of Bozeman County: Gallatin County, Montana Date of Issuance: March 23, 2018 Corps Project Manager: Sage Joyce Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US Army Corps of Engineers Omaha District Billings Regulatory Office Post Office Box 7032 r F Billings, Montana 59103 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the conditions of this permit, you are subject to permit suspension, modification, or revocation. is - - - - - -- - - -- -- -- - - - - - - - - - - - - hereby certify that the work authorized by the above referenced permit has been k completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date I Printed on Recycled Paper Water Quality Ccrtification in Accordance With Section 401 of the Clean Water Act for the 2017 Nationwide Permits in Montana A. Certification DEQ is granting Section 401 Water Quality Certification(certification)for Nationwide Perin its 1,2,4-11, 1S=22,24-27,28-36,38r44 and 46.50. M Special Conditions for Speciric Nsitionwide Permits 1)DEQ is granting certification for Nationwide Permits 93,##14,and#23 with the following additional eoitcititit:DEQ Water Protection Bureau—Discharge Permitting Program must be notified by the porniittpe within 48 fours of co"Inicitcement of the regulated activity.Notification must be.sent to E WPl31'ublicCotninents r mLgov.Notification shall include at toinitnum(a)the permitteompie,(b)th4 project name,(c)the Nationwide Permit used for the project,(d)the Township,.Range.and Section,and(e) the project or regulated activity location in decimal latitude and longitude to the millionth degree(six significant figures to the right of the deeimal point). 2)DEQ is granting certification.of Nationwide Permit 412(utility line activities)for projects where a.static or vibratory plow is used and for projects where Horizontal Directional Drilling technolt gy is implemented and nd potx w-nout impacts to State,wafers will occur.For all'offer projects that gitalify under this Nationwide Permit,DEQ denies certification: 3)DEQ is granting certification of Nationwide Permit#13 (batik stabiliyAtion),Nationwide Permit#37 (emergency watershed protection and rehabilitation),and Nationwide.Permit#45(repair of uplands damaged by discrete,events)for all projects equal to or less than 300 linear feet. C.Wainer N itioitivi e Permit 54(lilting shorelines)is waived as this Nationwide.Permit only applies to coastal shorelines and the Great Lakes. D;Denial Nationwide Portuit#S 1 (land based renewable energy generation hoilities),and Nationwide P'ermit.##52 (water Based energy renewable energy generation'facilities). Nationwide#53(emoval of low head darns) is denied for the five year cycle so that DEQ can detenuilie if the application of this new-Nationwide Permit has detrimental effects on crater quality. E.General Conditions for Nationwide Permits The following general conditions apply to all certified.Nationwide Permits as provided in A and l3 above. 1)This certification does not authorize the placement or construction of septic/leach systems or other sewage treatment facilities in wetlands. 2)This certification does not authorize construction of dams,except for aquatic restoration projects and d temporary daws associated with construction activity, 3)This certification requires that materials used in stream bank or shore stabilization projects adhere to the Montana Department of Environmental Quality's December.5,2000 guidelines for materials for stream bank stabilization. Tires may not be.used to stabilize any hunks in state water,,;. 4)This ccaification requires that all equipment be inspected:for oil,gas,diesel,anti-freeze,hydraulic fluid and tither petroleum.leaks.Equipment:cannot continue operating in or near the water if leak is discovered.All such leaks will be properly repaired prior to equipment being allowed on the project site. Leaks that occur after the equipment is moved to the project site:will be fixed that same:day or the next day or be removed from the project area.If equipment is to be operated in or hear water,a spill contairunont kit shall be available at the project site and D Q shall be notified of'spills. 5)This certification requires that all permittees shall,to the maximum extent practicable,incorporate and construct design features that eliminate bridge fleck,run-cuff containing sediment,salt,or other pollutants from discharging directly into state water.To the extent practicable,bridge deck run-W,should be directed to a detention basin of unspecified.size prior to continuing into state:eaters: 6)This certification requires that riprap projects,to the extent practicable,avoid the use of geotextile fabrie as riprap bedding material.To the extent practicable,riprap voids shall incorporate.approximately 30-50% fines/soil and dormant plant material and/or root-stock. F. l;eopener Clause DEQ reserves the right to add or alter terms and conditions as appropriate to carryout its responsibilities with respect to water quality throughout the five year7Ntation"vide Permit Cycle. Policy on Streambank Stabilization This policy outlines the guidelines for approved inaterials to be used for streambank stabilization in Montana. This policy and a draft Environment Assessment were provided to the public for comment via public notice MT-00.10 issued September 18,2000.Comments were accepted until October 17,2000.The draft Rrivironmental Assessment is adopted as the finial Environmental Assessment Nvith the Responses to Comments.incorporated. Signed into policy 12/05100 by Bonnie Lovelace, Chief,Water Protection Bureau and 12106/00 by.Jan. Sensibaugh,Administrator, Permitting&Compliance Division. GUIDELINES FOR MATERIALS FOP, STREAMAN STA111LIZATION The fallowing guidelines represent the etTorls of a work group composed of Conservation District representatives, natural resource consultants, environmental interests, and state and federal regulatory agencies. They are suggested by the Montana Department of Environmental Quality and not necessarily endorsed by all the work group members. These guidelines are.only for use in areas where the use of high density, angular rock is not practicable. Crtic tarn "practicable" means available and capable of being done after taking into consideration cost,existing technology, and logistics in light of overall project purposes [40 CI=R 230.3(q)]). Sandstone or broken concrete may be acceptable alternatives to high-density, angular rock in certain situations, although local regulation may prohibit their use.The Use of tiny river training device/structure may directly or cumulatively alter the ecology of Montana rivers and streams; Cumulative impact considerations may preclude the use of any.river training device. Bank stabillZr ation projects are sometimes authorized tinderthefollowingjurisdictions:Local Conservation District-Natural Strearkibed&!,.and Conservation Act(310),Montana Department of Fish Wildlife and Parks�Streain Protection Act(SPA 124);County Floodplain Administra,tor-Floodplahi Permit;U,S_Army Corps of Engineers—Section 404/10 Permit;Montana Department©fEnvironmental. Quality-75-5-318,MCA Authorization; Montana Departmeht ofNatunil Resources acid Conservation Navigable Rivers Land Use License/Easement. The following optional design concepts should be considered in conjunction with the guidelines to minimize environmental/aesthetic concerns-. Utilize rock only in the lover* portion or toe of the riprap with woody structures/features, biodegradable fabric,ete. in the tapper* portions. The elevation nt which die nicnn annual flew occurs is the division between "upper"and"tower." Incorporate soil in the upper portions of the project with appropriate woody (usually willow) plantings as near average water elevations as passible and.herbaceous plantings elsewhere. • Provide a temporary or permanent buffer strip(streamside area where protection promotes growth and sustenance of woody vegetation) along the project lerigth to provide for vegetation stability where grazing or recreational ase may impact plant growth. Faferably, plantings should be on,slopes af3:l or flatter atTd irrigated, if possible, litote: Numerous docutticnts .v tli macro detailed information arse available. Contact the Natural Res ourCe Conservation Service or the Depaittuent of Natural Resources and Conserva€ion for their "Stream project Manaial.") COMPLIANCE CERTIFICATION Project; (Please attach copy of the completed "Joint Application for Proposed Work in Montana's Streams, Wctlands, Floodplains, and Other Water Bodies.') Upon completion of project activity sign this certificate and return it to the following address: Montana Department of Environmental Quality Permitting &Compliance Division/Water .Protection Bureau Box 200901 Helena_, MT 59620-0901 Please an the foilowing questions: I. 'What is the source of dae concrete rubble? I What' is the type of concrete rubble (curb/gutter, foundation,etc:)? 3. What was the cost of the rubble? (The recipient:of the rubble cannot be compensated for accepting the rubble without a landfill license.) I hereby certify that the project work performed is in compliance with all applicable permits and in compliance with the "Cuidellnes for Materials for Streambank, Stabilization." Signature of project Owner hate I hereby certify that I provided the concrete nibble used in the project and that I did not compensate.the owner for accepting tile-rubble. Signature of Concrete Rubble Provider date Effective 19 March 2017 Nationwide Permit 14 Linear Transportation Projects Activities required for crossings of waters of the United States associated with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in waters of the United States. For linear transportation projects in non-tidal waters, the discharge cannot cause the loss of greater than 1/2-acre of waters of the United States. For linear transportation projects in tidal waters, the discharge cannot cause the loss of greater than 1/3-acre of waters of the United States. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project. This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to construct the linear transportation project. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. This NWP cannot be used to authorize non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if: (1)The loss of waters of the United States exceeds 1/10-acre; or(2)there is a discharge in a special aquatic site, including wetlands. (See general condition 32.) (Authorities: Sections 10 and 404) Note 1: For linear transportation projects crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. Linear transportation projects must comply with 33 CFR 330.6(d). Note 2: Some discharges for the construction of farm roads or forest roads, or temporary roads for moving mining equipment, may qualify for an exemption under section 404(f)of the Clean Water Act(see 33 CFR 323.4). Note 3: For NWP 14 activities that require pre-construction notification, the PCN must include any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings that require Department of the Army authorization but do not require pre-construction notification (see paragraph (b)of general condition 32). The district engineer will evaluate the PCN in accordance with Section D, "District Engineer's Decision."The district engineer may require mitigation to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects(see general condition 23). Nationwide Permit General Conditions Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division Effective 19 March 2017 engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b)Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c)The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water.All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). Effective 19 March 2017 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects from Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment(e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. Effective 19 March 2017 16.Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river"for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river"for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river(e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.aov/. 17.Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights(including treaty rights), protected tribal resources, or tribal lands. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity"may affect" or will have "no effect"to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps'determination within 45 days of receipt of a complete pre- construction notification. In cases where the non- Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have Effective 19 March 2017 "no effect" on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d)As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. (e)Authorization of an activity by an NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.)from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm"in the definition of"take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B)permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide Web pages at http://www.fws.gov/or http://www.fws.gov/ipac and http:H www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether"incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act(NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including Effective 19 March 2017 previously unidentified properties. For such activities, the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)).When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c)when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect.Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. (d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non- Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA(54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal,Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity Effective 19 March 2017 for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a)The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site(i.e., on site). (b) Mitigation in all its forms(avoiding, minimizing, rectifying, reducing, or compensating for resource losses)will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 14O-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of IMO-acre or less that require pre- construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to- replace resources(see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements)of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient.Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a-watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1)The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more Effective 19 March 2017 than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation. (2)The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3)Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation: (4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2)through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 12-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than W-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee- responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i)Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non- Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. Effective 19 March 2017 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur(see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e))and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29.Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s)of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a)A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; Effective 19 March 2017 (b)A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(I)(3)to confirm that the permittee secured the appropriate number and resource type of credits; and (c)The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S.Army Corps of Engineers(USACE)federally authorized Civil Works project(a "USACE project"), the prospective permittee must submit a pre- construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre-Construction Notification. (a)Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification(PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2)45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or"no potential to cause effects"on historic properties, or that any consultation required under Section 7 of the Endangered Species Act(see 33 CFR 330.4(f))and/or section 106 of the National Historic Preservation Act(see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s)the prospective permittee wants to use to authorize the proposed activity; Effective 19 March 2017 (4)A description of the proposed activity; the activity's purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity(e.g., a conceptual plan), but do not need to be detailed engineering plans); (5)The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s)of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act. (8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river"for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the "study river" (see general condition 16); and (10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1)through (10)of this general condition. A letter containing the required information may also be used. Applicants may provide Effective 19 March 2017 electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d)Agency Coordination: (1)The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity's adverse environmental effects so that they are no more than minimal. (2)Agency coordination is required for: (i)All NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet,fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3)When agency coordination is required, the district engineer will immediately provide(e.g., via email, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS).With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or email that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre- construction notification. The district fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal.The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B)of the Magnuson-Stevens Fishery Conservation and Management Act. 5)Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination. Further Information 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project(see general condition 31). Effective 19 March 2017 2017 NATIONWIDE PERMITS REGIONAL CONDITIONS OMAHA DISTRICT STATE OF MONTANA 1. PCN Requirement. For all NWPs, permittees must notify the Corps in accordance with General Condition No. 32 (PCN) for regulated activities, located within or comprised of the following: a. Wetlands Classified as Peatlands. Peatlands are seasonally waterlogged areas with a surface accumulation of peat (organic matter) 30 centimeters (12 inches) or more thick. Any peat-covered areas, including fens, bogs, and muskegs, are all peatlands. i. PCN required for NWP 3, 5, 6, 20, 27, 32, and 38. ii. All NWPs not listed above are revoked for use in peatlands. b. Waters Adjacent to Natural Springs. Any projects located within 100 feet of the water source in natural spring areas. A spring is defined as any location where there is groundwater flow emanating from a distinct point. Springs do not include seeps or other groundwater discharge areas where there is no distinct point source. c. Bank Stabilization Activities. Any project that involves bank stabilization greater than 300 linear feet or includes features that extend out from the existing bank line greater than 25% of the bankfull channel width. d. Channel Straightening and Relocation Activities. Any project that involves straightening, relocating and/or shortening an existing perennial stream channel. e. Tribal Reservations and Tribal Trust Lands. Any projects within the boundaries of any Tribal Reservation or Tribal trust lands. f. Specific Waterways Requiring PCN. Any projects within the following waterways and their impoundments: -Bitterroot River -Flathead Lake -Clark Fork River (tributary to the -Milk River Columbia River) -Missouri River -Flathead River -Yellowstone River 2. Bank and Shoreline Stabilization Activities. The following additional requirements apply to all bank and shoreline stabilization: a. The revetment must conform to the existing bankline; must not extend above the top of the bank (i.e. no new levees); and the slopes must be flatter than the angle of repose for the selected revetment material (i.e. rock riprap normally needs to be placed on a slope flatter than 1.5 Horizontal to 1 Vertical Effective 19 March 2017 (1.5H:1V). b. The revetment must not wholly or partially block flows from entering a side channel or an overflow channel. 3. Counter-Sinking Riprap Associated with Culvert Installation. When riprap inlet and outlet protection is used below the OHWM (OHWM), it must be placed to match the adjacent culvert bottom elevations. Where culvert bottom elevations are lower than the stream bed elevation, the riprap must match the culvert elevation. 4. Placement and Removal of Temporary Fills. Temporary fills in wetlands must be placed on a horizontal marker layer, such as fabric or certified weed-free straw, to delineate the pre-project ground elevation and facilitate complete fill removal and site restoration. 5. Erosion and Sediment Control Blanket. All erosion control blanket or fabric used in or adjacent to waters of the U.S. must be comprised of degradable material to ensure decomposition. Do not use material that includes stabilized netting or stabilized open mesh, as these products take a long time to degrade and they can trap small animals, birds, amphibians and fish. This prohibition also applies to mesh materials used for wattles, rolled materials, and bank wraps. Erosion control blanket or fabrics that break down within 24 months are acceptable. Non-degradable blankets or fabric may be allowed on a case-specific basis if it will be buried beneath riprap or structures and it is not likely to be exposed. Non-degradable blanket or fabric that becomes exposed within waters of the U.S. must be removed. 6. Suitable Material. NWP General Condition No. 6 prohibits the use of unsuitable material. Specific criteria can be found in the Omaha District's "Generic Prohibitions Regarding the Use of Certain Materials as Fill in Waters of the United States" and MT Department of Environmental Quality's (DEQ) "Specifications for use of Concrete Riprap for Streambank Stabilization," which apply to proposed work in jurisdictional waters. REGIONAL CONDITIONS APPLICABLE TO SPECIFIC NATIONWIDE PERMITS 7. NWP-3 — Maintenance and NWP-45 — Repair of Uplands Damaged by Discrete Events. The definition of"discrete event," as used in these permits, includes, but is not limited to, unexpected natural and human-caused events such as fires, storms, landslides, avalanches, earthquakes, accidents, debris or ice jams, and floods. For the purpose of the NWPs, discrete event floods are stream flow events that overflow the OHWM. 8. NWP-7 — Outfall Structures and Associated Intake Structures and NWP-12 — Utility Line Activities. Inlet screens for intakes in the Yellowstone River or the Missouri River in Blaine, Chouteau, Custer, Dawson, Fergus, Garfield, McCone, Effective 19 March 2017 Petroleum, Phillips, Prairie, Richland, Roosevelt, Valley and Wibaux Counties must be installed on all pump intakes with a screen mesh opening size no larger than 0.25 inch. Water intake velocities must not exceed 0.5 foot per second through the mesh. Intakes must be located in the deepest water available and be elevated off the bottom of the river bed. REGIONAL CONDITIONS APPLICABLE ONLY TO THE SPECIAL RIVER MANAGEMENT ZONE OF THE UPPER YELLOWSTONE RIVER Special River Management Zone (SRMZ) of the Upper Yellowstone River is defined within the Special Area Management Plan (SAMP) as the 48-mile reach of the upper Yellowstone River (River Miles 531.8 to 483.6) from upstream of Emigrant River downstream to a few miles below the Shields River and Mission Creek confluences (0.7 miles downstream from the bridge at the community of Springdale). It includes secondary channels, side channels, and the main (primary) channels, and adjacent wetlands within the channel migration zone (CMZ) or, in absence of a CMZ, within areas flooded by the 100-year discharge. The SMRZ is located entirely within Park County. In addition to Regional Conditions 1 through 8, the following Regional Conditions 9 through 24 apply within the SRMZ described above: 9. SRMZ— Notification — All NWPs. Permittees must notify the Corps in accordance with General Condition No. 32 (PCN) for any regulated activity in waters of the U.S. within the SRMZ. This includes all activities within the Yellowstone River, the portions of tributaries within the SRMZ, and wetlands within the SRMZ. 10.SRMZ— Emergency Work. Activities requiring a Department of the Army (DA) Permit that is necessary to prevent imminent loss of life or property is allowed within the SRMZ. Contact the Corps as soon as reasonably possible by telephone at 406-441-1375 and/or by Fax at 406-441-1380. Contact may also be made in person or by sending an e-mail to: CENWO.ODRMT@usace.army.mil. All such work will be fully reviewed under the SAMP provisions. 11.SRMZ - NWPs Revoked for Use. The following NWPs have been revoked for all waters and activities within the 48-mile SRMZ: NWP 17 - Hydropower Projects NWP 21 - Surface Coal Mining Activities NWP 29 - Residential Developments NWP 39 - Commercial and Institutional Developments NWP 42 - Recreational Facilities NWP 43 - Stormwater Management Facilities NWP 44 - Mining Activities NWP 45 - Repair of Uplands Damaged by Discrete Events NWP 49 - Coal Remining Activities Effective 19 March 2017 NWP 50 - Underground Coal Mining Activities 12.SRMZ—Activities Requiring Individual Permit Review. The following project activities are not authorized under a NWP in the SRMZ. These projects typically have more than minimal adverse impacts and must be reviewed under standard (individual) permit procedures. a. New dams, new diversions, and/or new impoundments for any purpose; b. Construction of ponds and new artificial stream channels, unless they are necessary and appropriate elements of a stream or wetland restoration project; c. Hydraulic dredging and mining and mechanical excavation to obtain aggregate, fill material, or minerals, including gold. Processing of material for the purpose of obtaining select minerals or a specific gradation of material, where only a portion of the sediment or alluvium is removed and the remainder returned to the SRMZ, is not allowed under a NWP in the SRMZ. 13.SRMZ - Bank Stabilization Activities - All NWPs. For bank stabilization activities associated with any NWP, including maintenance of bank stabilization, the following Regional Conditions apply: For bank revetments such as riprap, root wads, bioengineered revetments, or combination revetments, a. through e. apply: a. Revetments must conform to the existing eroded or eroding bankline, unless such work is determined by the Corps to be biologically or geomorphically beneficial for the upper Yellowstone River. b. Revetment slopes must be flatter than the angle of repose for the selected revetment material. For example, rock riprap normally needs to be placed on a slope flatter than 1.5HI V. c. Revetments are only permittable under NWPs if they are parallel to and near the lateral boundaries of the SRMZ. d. Revetments must not extend above the elevation of the adjacent natural bank height (i.e., no new levees). e. Revetments must not wholly or partially block flows from entering a side channel, secondary channel, or an overflow channel, unless such work is determined by the Corps to be necessary for maintaining or restoring the geomorphic integrity of the upper Yellowstone River. For bank stabilization structures that project into the stream, such as weirs, barbs, vanes, or hard points, f. through k. apply: f. Bank stabilization structures must not wholly or partially block flows from entering a side channel, secondary channel, or an overflow channel, unless such work is determined by the Corps to be necessary for maintaining or restoring the geomorphic integrity of the upper Yellowstone River. Effective 19 March 2017 g. Bank stabilization structures are only permittable under NWPs if they result in an effective bankline that is approximately parallel to and near the lateral boundaries of the CMZ. h. Bank stabilization structures must be keyed into the bank far enough to prevent flanking. i. Bank stabilization structures cannot occupy more than 10% of the bankfull channel area. Bankfull channel area pertains to the specific primary or secondary channel in question, and is not the aggregate channel area of all primary and secondary channels in multi-channel reaches. j. Bank stabilization structures must not present hazardous obstructions to boating, floating, or other river uses. k. Bank stabilization structures that are low in elevation, project only a short distance out from the bank, and angle upstream are more likely to qualify for NWPs because they typically result in less adverse impact on aquatic resources than structures that are tall, long, and point downstream. 14.SRMZ— Temporary Bank Stabilization —All NWPs. Temporary bank stabilization is prohibited during seasonal high flows. 15.SRMZ— Sediment Management— All NWPs. Sediment removal is allowable only to maintain function of existing facilities and structures, or as necessary to maintain or restore the geomorphic integrity of the upper Yellowstone River. Diversion or removal of sediment or alluvium from the river channel and adjacent wetlands for other purposes is not allowed in the SRMZ under any NWP. 16.SRMZ— Temporary Vegetation Impacts —All NWPs. Limit clearing of riparian or wetland vegetation to the absolute minimum necessary. Where temporary riparian or wetland vegetation impacts are unavoidable, mow or cut off the vegetation above the ground, leaving the topsoil and root mass intact. Restore temporarily disturbed areas to original contours and use seeding and planting as necessary to re-establish desirable vegetative cover, utilizing native species in areas where native species were impacted. 17.SRMZ— NWP-11 — Temporary Recreational Structures. Temporary recreational structures can be installed no earlier than seven (7) calendar days in advance of an event and must be removed no later than seven (7) calendar days after the event concludes. 18.SRMZ— NWP-12 — Utility Line Activities. Trench excavation and backfill for utility lines is prohibited within the OHWM of main and secondary flow channels and in adjacent wetlands. 19.SRMZ— NWP-13 — Bank Stabilization. Construction of temporary or permanent levees is prohibited. Only bank stabilization that is parallel to and adjacent to the valley wall and/or SRMZ boundary is allowed. All other bank stabilization must be reviewed under standard (individual) permit procedures. Bank stabilization along Effective 19 March 2017 existing roads, ditches, fills, and structures already located along the valley wall is allowed under this Permit. 20.SRMZ— NWP-14— Linear Transportation Proiects. The construction of new transportation facilities in waters of the U.S. is prohibited under this NWP and must be reviewed under standard (individual) permit procedures. The expansion, modification, improvement, replacement, reconstruction, and upgrading of existing transportation facilities are allowed under this NWP within the SRMZ. 21.SRMZ— NWP- 27 —Aquatic Habitat Restoration, Establishment, and Enhancement Activities. The construction of water control structures, dikes, berms, current deflectors, bank stabilization, and ponds is prohibited within the CMZ of the upper Yellowstone River unless it is demonstrated the proposed features contribute to the restoration or rehabilitation of previously lost or impaired functions of the upper Yellowstone River and adjacent aquatic areas. 22.SRMZ— NWP-30 — Moist Soil Management for Wildlife. Fire breaks within the CMZ of the upper Yellowstone River must be reclaimed and restored within six (6) months after the fire event ends. 23.SRMZ— NWP-33 — Temporary Construction, Access, and Dewatering. Construction of temporary levees and other structures or fills in waters of the U.S. that prevent or reduce overbank flow is prohibited. 24.SRMZ— NWP 40 —Agricultural Activities. Only those activities associated with the reduction of existing adverse impacts on the upper Yellowstone River may be authorized by this NWP. Examples of potentially allowable projects include work associated with livestock management; moving livestock watering areas off the river or out of the CMZ; removal of irrigation systems from the CMZ; and the removal or conversion of irrigation systems from flood irrigation to sprinkler irrigation. ,MITIGATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGMENT` City of Bozeman, MT, Baxter Lane Reconstruction — Davis to North 19th,Bozeman, MT Corps. Peffnit: NWO-2016-GO233-MTS Mitigation. Sank: Upper Missouri MitligatiGn Bank, Madison County,Montana This Mitigation Credit Purchase Agreement and Acknowledgment CAgreerncnC) is entered into this day of 2016, by and between City of R_aze-nnni MT ('Purchaser') and SRI MISSOURI HEAUAIATERS LLC ('Seller") in accordance with the recitals and provWons below. RECITALS A, Seller established, ovins, operates and maintafris an approved wetland and stream mitigation bank (the "Bank") that is federally-certified by the U.S, A'fM.y Corps of Engineers CACOE"), the U.S. Environmental Protection Agency, and the U.S. Fish and Wddlife Service, and state-certified by the Montana Department of Environmental Quality and Montana Department of Fish, Wildlife and Parks. B. The Bank consists of over 20D acres of restored and enhanced forested, scrub- shrub and herbaceous wet ands,with a value of over 77 wetland credits, as well as over 20,000 linear fect of restored and pro,ectpd river. stream and ripanan Corridor with a value of 144,000 sLrearn credits, respectively. The Bank property is located on the Hamilton Ranch, near Twin Bridges, Madison County, Montana. Bank credits are certified to be sold, to pnivate and governmental permittees as compersatory mitigation for unavoidable impacts under Section 404 of the Clean Water Am G. Purchaser, is developing the impact, Project identified above. Pursuant to A deleiminalflon by the ACOE that compensatory mitigation is necessary to offset unavoidable aquatic resource impacts pursuant to Section 404 of the Clean Water Act, Purchaser is obligated to provide such compensatory mitigation for the Impact Project. 0- 'Therefore, in consideration of the agreements arid, acknowledgements set fo011 herein.and for other consideration, the receipt and suffia'ancy of which is hereby mutually acknowledged by the Parties, Seller agrees 'to sell, and Purchaser agrees to buy, stream mitigation credits from the Bank in accordanco with this Agreement. PROVISIONS current We and Pa Purchaser warrants, covenants,represents and agrees that it currently needs to purchase 2,203 stream Milm- xtinn rmrM Pwrh;-"- Ai�!mffwAFAnTnPrvt credits from SeJW for impact associated i+vith itie Impact Project por the ACOE permit NWO-201 t 233.MTB, 1. Purchaser therefore agree to purchase, and Seller agrees tQ sail, 2,203 stream. mitigation credits from the Rank in exchange for Purchaser's payment to Seller in the amount of $38,900,00 (Thirty Eight Thousand Nina Hundred Dollars) for this transaction. Within 30 (thirty) days of the date of this Agreement, Purchaser shall provide the $38,900.00 payment for the 2,203 stream mitigation credits to Seller by rt ed funds,, payable to: SRI MISSOURI HEADWATERS LL cto Swift River Investments, Inc. 53 Williams Street Upton, MA 01563 Notwithstantling the foregoing provisions in this paragraph, if Purchaser finds another seller willing to sell Purchaser 2,203 streern mitigation credits at a lower prime and the credits are verified in writing by ALOE as a valid mitigation solution: for the impact Project, then Seller shall have the option, upon Purchaser's presentation to Seller of bath the competing Mitigat on Purchase Agreement and the written verification from ACt E, to sell Purchaser;2,203 stream mitigation credits for 10%(ten percent)less than the compefitafs pare. z I.-oter Fvidencan Mifig trr?n r��it �r�sfer s ad Rel f ofi t!�fiiUg t t , t sa of � Upon Seller's receipt aid deposit of the foil pafnlent required by S 'i above, Seller shalt ;erid a letter to the AC#Olp confirming Seller's transfer of 2,203 stream mitigation credits to Purchaser for the, Impact Project. The ACOE s confirmation that it has reovived the letter evidencing the transfer of 2,203 stream mitigation credits. shall constituto the f-rnal action necessary to relieve Purchaser from liability for the aquatic resource impacts at the Impart Project for which the 2,203 stream mftation credits are,required. 3. S ll r' 1 mp ran of 141it gatrt .t iao'l ty, l=ollow ng Seller's rec eipii and deposit of the full payment required by I 1 above and the ACaE's confirmation that it has received Seller's letter evidencing transfer of 2,203 zitream mitigation credits to Purchaser forthe Impact Project, Seller shall assume all liability and responsibility for the performance, operation and long-term maintenance of the 2,203 strearlr mi0gation credits in ar=rdance with the Upper Missouri Mitigation Rank Agreement,to which Seiler and AC OE are parties, 4. Plpticq. Any notices required, permitted, or related to this,Agrecrrment shall be given in writing and doliv°erect (a) In person; (b) by certified mail, postage prepaid, return: receipt requested; or (c) by a corome-rout overnight count that giraranrllkeees next day delivery and provides a receipt, and such notices shall be addressed as follows: Ui inAtinn r'w-4 11 r?ptrrf rwpi-nnAnt Anti w4�rsry s-Mm ct ,s J rt.�i ff q Seller Ski Missouri Headwaters LLG c/o Swift River Investments, Inc, AM- David James 53 Williams Street Upton, MA 01568 if to Purchaser; & ig 1/Iard City of Bozeman Enginecdng PO Box 11230 8ozerrtan, MT 53771-1 30 Any notice shall be effectve only upon confirmed delivery. 5, No Joint 'Venture. Partnership,_pr Other„Aaqr�roc trartsli p. Npithnr Party has any financial or owners-hip interest in the ether Party. This Agreement does not; nor Is. it intended to, create a joint venture, partnership, or other agency relationship be veep the Parties. 6, i odili t mendmenE, This Agreement may be madified or amended only by n vlriitten document signed by bath Purchaser and Seller_ 7. onstructit rr. The Parties shall be deemed to have mutually-participated in the draft rig-is,Agreement, and any rule of construction to the effect that ambiguitics are to be resolved against the dratting Part};`shall not be applied in the consituction or interpretation of this Agreement= S. Severability, if any term or provision of this Agreement is deemed by a court or other gove:mment enforcement authority of competent jurisdiction to be illecgal� otherwise invalid, or incapable of being enforced, such term or;pmvision shall bo excluded to the extent of such invalidit i or unenforceability, but all other terms and provisions shall remain in hill force and effect: 9. Jv elv r: Failure to insist upon strict compliance with any of the terms or previsions of this Agreement shall not be dammed a waiver of such terms or provisions. A waiver of any term or provision of this Agreement must be made in wr n , designated as a waiver,and signed by the Party against whom enforcement of the wahmr is .sought. Any waiver or relinquishment of any right or power under this Agreprsent at arty one or more tittles shall not be deern d a waiver or relinquishment of such right or power at any other tirne(s). 10, Force Ma ..gm Neither party will be responsible (or any brew of this Agreement or delay in performance resulting solely from any cause(s) entirely beyond the party+'s reasonable control, including without limilaWn an Act of Gad, fire, explosion, flood, war, strife or riot, provided that the nonperforming party uses commercially reasonable of orIts to avoid or remove such, cause's of nonperformance and Ai r;�at=r t fi:n�- r:iF ,m(a A nfor.aMAW and Arknn-,v+-in rnt con0nues performance under this Agreement with reasonable dispatch whenever sock causes and the natural consequences thereof are removed or otherwise ceases to exist 1. C ovg g_E. nd Jp dic ion. Unless preempted by federal lain, the taws of the State of Montana, without regard to its conflict of taw provisions, shall apply to govern, interpret, construe and enforce all of the tights, obligations, and duties of the Parties arising from or relating to the subject matter of this Agreement, .Any dispute arising from or relating to the subject matter of this Agreement shall be adjudicated and/or determined in Bozeman, Montano by a mediator (if the Parties agree to mediation) or a court of Gotnp(-C(i rt jurtsdidion, 12, AggrnM-FF and Cost, In a dispute. over any attempt to enforce (but not avoid) this Agreement, the :prevailing party shall have the right to collect its reasonable attomeys fees, costs and other expenses necessarily incurred because of the dispute front the other party. 11 Counterpgft This Agreement may be executed in counterparts, each of which shall be deemed to be an original,, but all of which, taken together, shall constitute one and the same Agreement 14, Acknowledqement�oanf Reading, Und tgpOpq-and Consultation, Eachparty warrants, covenants d agrees that it has react every provision of this Agreement, fully understands every provision of this Agreement and the effect(s) thereof, and has had are opportunity to consult with their freely-loner attorney or other legal advisor before signing this Agreement, l ach party further warrants, covenants, repres'ents and agrees that they are entering into this Agreement by tfreir•awn free chair,, and that they are not subject to or operating gander any confusion, misunderstanding, mistake,cocroion, or duress, 1 I "" r.e Agre rent. This Agreement constt-utes the entire Agreement between the Parties with; respect to the salo and purchase of mitigation credits related to the Impact Projesot and any and all clairris related. Obereto, and supersedes any prior agreements, understandings, amid/or represe. tat ions ref airy kind between the Parties that are related to those matters. Thou are no other promises, condit>ons, understandings, agreements cx representations, either oral or written, between the Parties that relate to those matters. "Oineitif o C"t t-i b`nri+e-.—r f;;nA 4.nknrJwWnmP-it Psew.A-f S AGREED AND ACCEPTED: Seller Sit1 Misrouri Headwaters LLC With Full Company Authority Print Name 5 ..' .�Ai j,"'V � T FNA Its: " = T ©t�sit i lifh company [pate: Purchaser With Full Gompany.Authodly Signature Print Llama. h� ° Its-- 1X I c Position with Company ate: 0 ea :> L1;t natirNz rmtfil l wrlhazp#nra fW"I zlevi l t z ris►tYPt rt s {it 0 A 44 A SRI Missouri Headwaters,LLC c%Swift River Investments,LLC M 53 Williams Street Upton,MA 01568 NOTIFICATION OF ACCEPTANCE OF LIABILITY FOR MITIGATION REQUIREMENT US ARMY CORPS OF ENGINEERS FILE NUMBER NWO-2016-00233-MTH City of Bozeman, Baxter Lane Reconstruction—impacts to 615 linear feet of various waters, Gallatin County, MT To the US Army Corps of Engineers, Omaha District, Montana State Regulatory Office (the "Corps"): The City of Bozeman ("Permittee") has been issued a Section 404 Clean Water Act permit, with Permit No. NWO-2016-00233-MTH (the "Permit"). The Permit authorizes Permittee to purchase mitigation credits from a "third-party provider" as specified in 33 CFR 332, in this case the Upper Missouri Mitigation Bank, sponsored by SRI Missouri Headwaters, LLC (the "Bank") to mitigate Permittee's impacts to the following aquatic resources: Placement of 565 cubic yards of granular bedding material impacting 615 linear feet of East and West Catron Creek and other waters in Gallatin County, Montana requiring 2,203.0 stream credits as compensatory mitigation with such mitigation hereafter referred to as the "Mitigation Requirement". Pursuant to the terms and conditions of a Mitigation Credit Purchase Agreement and Acknowledgment, executed by Permittee and the Bank, and following payment in full by Permittee for the specified mitigation credits, the Bank has agreed to accept responsibility for the Mitigation Requirement in perpetuity. The Bank, by acceptance of payment for the Mitigation Requirement, acknowledges that the Bank is responsible for the off-site compensatory mitigation activities as required in the Permit and agrees to complete the off-site compensatory mitigation in accordance with provisions specified in the Mitigation Bank Agreement dated October 12, 2012, executed by the Corps District Commander March 7, 2013. Dated this 9th day of May, 2018. FOR: SRI Missouri Headwaters, LLC, Sponsor By , its Agent David D Patric /VJ Principal Eco-Asset Ma(�agefnent, LLC APPENDIX D STREAM PROTECTION ACT SPA 124 PERMIT s Afoq fara T skr Wddhfe VarKs Fisheries Management, 1400 South 19th Avenue, Bozeman,MT Phone: (406) 994-6938 email: davemoser@mt.gov Stream Protection Act (SPA 124)Permit Date: 3/2/2018 Applicant Name: City of Bozeman Address: PO Box 1230 20 East Olive Bozeman.MT 59771-1230 Permit#: 124 Baxter Ln Culvert Ext 2018 Waterbody: Catron Creek Project Name: Baxter Lane Improvement Project Project Description: Culvert extensions to accommodate road and infrastructure improvements on Baxter Lane Montana Fish,Wildlife &Parks has reviewed the proposed project. The project is approved provided it is carried out in accordance with the information supplied in the application,all general conditions listed on page 3 of this permit, and any special conditions listed below. Expiration: This permit is valid for 1 year(s)from the date of issuance. Timing Restrictions:No O Yes O Work to be completed during low flows. Special Conditions: 1.None 318 Authorization Review I have reviewed the above project on behalf of the Montana Department of Environmental Quality(DEQ) pursuant to the Montana Water Quality Act Short-term Water Quality Standards for Turbidity 75-5-318 MCA: Q This project will not increase turbidity if completed according to the conditions listed in the 310 or 124 permit. Therefore,application to DEQ for a 318 authorization is not required. Impacts to the physical and biological environment from turbidity generated as a result of this project are uncertain.Therefore,the applicant must contact the Montana Department of Environmental Quality, 1520 East Sixth Avenue,Box 200901,Helena, MT 59620-0901, (406 444-3080)to determine project specific narrative conditions required to meet short-term water quality standards and protect aquatic biota. Turbidity generated from this project is expected to be short-term and have only temporary and minor impacts on the physical and biological environment. Therefore, compliance with the conditions stated in the attached letter outlining DEQ's Short Term Water Quality Standard for Turbidity Related to Construction Activity, as well as other conditions listed in the 310 or 124 permit, are appropriate for this project. Issuing Bio: David .. . osor 3/2/2018 Signature: 2 SHORT-TERM WATER QUALITY STANDARD FOR TURBIDITY RELATED TO 4t Montana Department of CONSTRUCTION ACTIVITY ""ENVIRONMENTAL QUALITY (318 Authorization) Dear Applicant: This 318 authorization is the result of your recent application for a 310 permit from your local Conservation District or a 124 permit from Montana Fish,Wildlife and Parks.This authorization is valid for the time frame noted on your permit. This is not your 310 or 124 permit and no construction activity should occur until you have received a valid 310 or 124 permit as well as any other permits that apply to this proposed construction activity. This authorization is the result of an Operating Agreement between the Montana Department of Environmental Quality (DEQ),and Montana Fish,Wildlife and Parks(FWP). The applicant agrees to the comply with the conditions stated below,as well as other conditions listed in the 310 or 124 permit issued for this project. Signatures of the applicant and FWP are required to validate this authorization. 1. Construction activity in or near the watercourse are to be limited to the minimum area necessary,and conducted so as to minimize increases in suspended solids and turbidity that could degrade water quality and adversely affect aquatic life outside the immediate area of operation. 2. The use of machinery in the watercourse shall be avoided unless absolutely necessary. 3. All disturbed stream banks and adjacent areas created by the construction activity shall be protected with erosion control measures during construction.These areas shall be reclaimed with appropriate erosion control measures and revegetated to provide long-term erosion control. 4. Any excess material generated from this project must be disposed of above the ordinary high water mark,in an area not classified as a wetland,and in a position not to cause pollution of State waters. 5. Clearing of vegetation will be limited to that which is absolutely necessary for construction of the project. 6. This authorization does not authorize a point source surface water discharge. MPDES permit is required for said discharge. 7. Open cut creek crossings will not be allowed in flowing water. Stream water must be diverted around the open cut area(pump,flume etc.) 8. The applicant must conduct all activities in full and complete compliance with all terms and conditions of all permits required for this activity issued pursuant to the Montana Natural Streambed and Land Preservation Act (310 permit),the Stream Protection Act(124 permit)the Federal Clean Water Act(404 Permit), any MPDES permits for dewatering or storm water control in the construction area and any valid Memorandum of Agreement and Authorization(MAA)negotiated for this activity. The FWP) presemtatil e has determined that this project is within the scope of the programmatic Environmental Assessin i t tepare�j DEQ and FWP for the issuance of narrative turbidity standards. ' l+ Date:..3/2/2018 �. �� _ � Date, 3. FWP Representative's Signature Applic is Signature Name and location of project: -111.410"45.42'01" 124 Baxter Ln Culvert Ext 2018 -Catron Creek Stream Protection Act 124 Permit General Conditions ' 1. Complete work affecting a streambed or stream bank in an expeditious manner to avoid unnecessary impacts to the stream. ' 2. Limit the clearing of vegetation to that which is absolutely necessary for constructionn of the project.Take precautions to preserve existing riparian vegetation. Salvage and reuse native i vegetation where possible. 3. Install and maintain erosion control measures where appropriate to protect aquatic resources. Do not clear and grub land adjacent to streams prior to installing proper erosion and sedimentation controls. Conduct all work in a manner that minimizes turbidity and other disturbances to aquatic resources. 4. Plan temporary construction facilities to: a. Minimize disturbance to stream banks,stream bank vegetation,and the streambed by locating staging or storage facilities at least 50' horizontally from the highest anticipated water level during construction; b. not restrict or impede fish passage in streams;and c. not restrict any flow anticipated during use. S. Provide sediment controls for drainage from topsoil stockpiles, staging areas,access roads,channel changes, and instream excavations. 6, isolate work zones from flowing and standing waters to prevent.turbid water and sediments from being discharged into streams or other drainages that flow directly into the stream. Divert flowing waters around the work zone. 7. Do not spill or dump material into streams. Store and handle petroleum products, chemicals; cement and other deleterious materials in a manner that will prevent their entering streams. 8. Do not permit wash water from cleaning concrete-related equipment or wet concrete to enter strearns. 9. Do not operate mechanized equipment in any stream or flowing water unless special authorization is obtained. If special authorization is granted,the following conditions apply: a. Powerwash all equipment allowed in a stream prior to entering the stream channel. b. Clean and maintain all equipment so that petroleum-based products and hydraulic fluids do not leak or spill into the waterway. 10. Reclaim streambeds and stream banks as closely as possible to their pre-disturbed condition. 11. Restore disturbed stream banks to their natural or pre-disturbed configuration to match adjacent ground contours or as specified in the project plans. Stabilize,reseed,and re-vegetate disturbed areas, Install and maintain long-term biodegradable erosion-control measures to protect these areas until adequate vegetation has been established. 12. Restore temporary access routes and any temporarily disturbed areas to original conditions, including original contours and vegetation. 13. Dispose of any excess material generated from the project above the ordinary high water mark and in an area not classified as a wetland. 3 APPENDIX E RIGHT OF WAY AGREEMENTS PROJECTNAME:BAX'i" R L. .AND rr- CITY OF BOZEMAN DAVIS LN,RtW ACQUISITION Engineering Division. " PROJECT: 4624.11402.0 - � Public ltvorits Department PARCEL -,1-1 AND 1-2 'N.o MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT AGREEMENT TENT has been reached this day of i �:$`5 `tt1 )DR_ 20 etween.JOSEPH J. COLOMBO AND JANET E. COLOMBO;the owners)of Lot 2 of Minor Subdivision No. 400, a parcel of land being a portion of Tract 4A-1 of Certificate of Survey No. 2202B, located in the NE % of Section 3, Township>2 South, Range 5 Fast, and in the SE !4 of Section 34, Township `[ South, flange 5 East,. P.M.M„ City of Bozeman, Gallatin County, Montana, according to the official Mat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana hereinafter "seller(s)" and the CITY OF BOZEMAN hereinafter "Purchase'" for the purchase of said property interests) The amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Public Use Easement(Parcel 1-1); $ 250.00 Easement area: (sgft) Temporary Construction Easement (2 year time period, Parcel 1-2): $ 800.00 Easement area; 1 310* (sgft) Total $ 1,050.00 Sbe Figure 1 attached Other Conditions: F.1. Taxes and Special Assessments, if any, delinquent from former years; and Taxes and Special Assessments for the current year, if due and/or payable,shalt be paid b the seller or sellers. This Memorandum embodies the whole Agreement between the parties hereto as it pertains to the real estate; and there are no promises, terms,conditions or obligations referring to the subject matter hereof, other than as contair ed herein. 3_ The seller(s) hereby agree(s) that the. compensation herein provided to be paid includes full compensation for their interest and the interests of their life tenants, remaindermen,reversioners,. liens and lessees„ and any and all other legal and equitable interest that are or may be outstanding and said sellers'a ree(s to discharge the same; 4. THIS AGREEMENT shall be deemed a CONTRACT extending to and binding upon the parties hereto and upon thez respective heirs, devisees, executors, administrators, legal representative, successors and assigns of the parties, only when the sane shall have been approved by the City. Manager on behalf of the Public Works Department. 5. The property transfer shall be effective upon acceptance by Purchaser. evidenced by the execution of this Acgreenierit by the CITY OF B:OZEMAN and payment of fihe purchase price: Of the total amount of compensation hereinabove agreed upon, the sum of$1 05t1.00 shall be paid upon execution and delivery of a good and sufficient: Public Use Easement, ( Ternporaty, Construction Easement, and the balance of the compensation,,arnounting to$ 0.00 shall be paid upon compliance by the sellers)with the terms hereof. ciTY OF BOZEMAN PROJECT NAME:BAXTENDAVIS. Parcel 1-1 and 1-2 PRs3JEcT NUMBER::4524:11mo2.01 P896Id Z: Disbursement of funds Will be made in the following manner. Seller(s) Amount of payment Joseph J. and Janet E. Colombo $1,050,O0 The Seller s) certify that there are no known hazardous materials on the "ro erty: The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. JOSEPH J.AND,JANET E. COLO I3Q t 17 Date` 1 7) t. Jose h J. Calamb6 %" L ;K� y %fit,-y tfi Date: =� / •Y Jen t E� Colombo CITY OF SOZEMAN Date: 13y: Chris Kukul i City Manager ATTEST t r . a Date A o- llmen City C A , CITY OF BOZEMAN PROJECT NAME:BAXTERIDAVIS Parcel 1-1 and 1-2 PROJECT°NUMBER;4524.11402:111 Page 2 of 3 - ExfsTfNGPRQP RTY,LIPdE i �y Y; r .TM mt 3� � PARCEL 12'TCE 1x�N_TEf,liPORAf?Y <=� GQNSTR[1G1'f�h# �A3EltiEtlT' PARCEL i-1 PUE_a- u NEt^1 tyu�a<tr 4JSE Er`sSEtu�<EN'f a k?CIS[7Nt�EASEM5NT. 5 CITY OF 8t1ZEtrAN 72RNRI�00$I1:014: .... s't-4F H CI-T 4`L°i T£t C Y Fa it!F '.31..L.Lki Fi?fGTZ3 ihKit4 (2" +`LI r_ SCAM 4l i$ T A, RIGHT.€31=WAY REQUIRED rOR 8AX --R LAN4 .AND PROJECT 4.52014U2M DAVIS LANE INTER,58CTION IMPROVEMENTS DATE B'2&t2t3i5 CITY OF 802WAm MONTANA D O W L- •^ SY i/4<ri:aa,ils Rs:€.x u Page 3 of 3 9� 411 t rya;j j ! flS7tAlh"CrrL-'nufa� Pete: 1 of 4 03/ ain 2016 Gaun T Fee! 128.00 III1�fIl�llliQ�lli1111I- ;ltt tS?, M 1111GIIl� ��llllll811�i111(���I�I(IIII11i�lli B�aLe PROJECT NAME:BARTER LN.AND; ; CITY OF BOZEMAN 14VIS LN RfW ACQUhStTIt7N k Y Engineering Dlvisio.n Public Works Department .PRE}JECT 4524114t72,01 4fi 8`ii � PARCEL# IA PUBLIC USE EASEMENT PllBLIC USE EAS�iIIiENT THE GRANTOR(S), ;JOSEPH J. COLOMBO AND JANET E. COLOMBO, as joint tenants, whose Address is 74 Hitching Post Road Bozenjan, MT 59715,for and-in consideration of Ten and No1100- Dollars, and other valuable consideration, In hand paid, conveys and warrants to the CITY OF BOZEMAN,a Municipal Corporation of the State of Montana,with offices at 121 North Rouse Avenue, Bozeman Montana 59715,its successors or assignees, a perpetual, full and unrestricted easement and right-of-way in, over, under, along, through, and across the following-described tract of land located in Gallatin County;Montana; A public use easement to the City of Bozeman,located in lot 2 of Minor Subdivision No.460,a parcel of land being a portion of tract 4AA of Certificate of Survey No.:22028,located in the NE%of Section 3, T28, CASE,and In the SEf4 of Section 34'T1S, ft5E, P.M.M;,city of Bozeman, Gallatin County, Montana,more particularly described as follows and as shown on the attached Exhibit A; Beginning at the southeast comer of the easement herein described,being a point an the north right- of-way of Baxter Lane,from which point the southeast corner of Section 34;T1S,R5E,P,M.M.,bears S 443"V 00"E;70.37 feet,said point of beginning,'Thence, from said point of beginning;N 89'08' $5"W, 15.48 feet along the north right-cif way of Baxter Lane;Thence,N 57"41'8q"E, 18,75 feet to the west line of Davis Lane right-of-way;Thence,S 01'24'34'W, 10.44 feet along the west line of Davis Lane right-of-way to the point.of beginning,and containing 81 sgft,more or less. All improvements are the property of the CITY OF BOZEMAN,removable at its option,.The failure of the GRANTEE to exercise any of Its rights granted herein shall not be construed as a waiver or abandonment of the right, The above-named Grantor hereby covenants with-the CITY OF B07-EMAN that said Grantor has good title to the above-described tract of land and covenants that the CITY OF BOZEMAN shall have quiet and peaceable possession thereof,'and shall have a free and Unrestricted right to maintain said facilities as long as the right of-way of which this easement area is a part;remains.a public way. Dated this j4day f, ,20� ~ Joseph Polombilariat Colombo CITY OP$O%EMAN PROJECT NAME.BAYTEROAVIs. Parcel 1A PROJECT NUMBER:4624,11402,61 Page 1 of 4 2540211 Page 2 of 4 0312112016 1 2:49:52 PM ACKNOWLEDGMENT OF GRANTOR STATE OF MONTANA ) }ss, County of Galiafin ) On this day of 20. before me, the undersigned, a Notary Public in and for the said State,torsonally appeared the Grantor,Joseph J.Colombo and Janet E.Colombo,known to me to be the identical persons who executed the foregoing instrument and acknowledged to me that Joseph J. Colombo and Janet E.Colombo signed the same as Joseph J.Colombo and Janet E_Colombo free and voluntary act and deed,with full knowledge of its contents,for the uses and purposes therein mentioned. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seat this day and year above written. _.e�iNteHo JENNIE HORN Notary rubric ^" �aSAnr�t :for the State of Montana SEA[: y' Belgrade,Montana My rY miblic in and for ss?on E p yes to of Montana1i' �c pr My Col.-I-la�Egpi,05; ` Mine 2D,2019 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMAN,a Municipal Corporation of the State of Montana, Grantee herein,acting by and through its City Manager and City Clerk for the City of Bozeman, hereby ` accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof: CITY OF BOZEMAN CL��- Dater By:Chris-KtAulski City Manager ATTEST: By:Stqdalmen ' I CC?. CITY OF BOZEMAN PROJECT NAME;BAXTERIDAVIS Parcel 14 PROJECT NUMBER;4524.11402.01 P"e 2 of 4 2540211 Page 3 of 4 031211201612:49:52 PM STATE OF MONTANA ) )ss, County of Gallatin ) The foregoing instrument was acknowledged before me this A1day of 2016by Chris Kukulski and Stacy Ulmen, known to me to be the City Manager an City Clerk for the City of Bozeman and the persons whose names are subscribed to this instrument,and acknovrledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand end affixed my official seal this day and year above written. A"n�fi HEATHER 8l>wNVI�NU'=� Notary F3ut>lio ¢ agTAflt 1� for the State of p lor"t "al No ry Public In and for the State 4 ontana x °� 1R-. Rc0ding at: My Commission Expires: �� 51�r`tL.�a' 4azvn:�3n y�,4�r�Yeria My0annal lion �G`Ftr�� S¢nilflry26,�015 rrnnN CITY OF BOXEMAN PROJECT NAME:SAXTERlDAVIS Panel 1-1 PROJECT NUMBER:4524,11402,01 Page 3 of 4 2640211 Page 4 of 4 03/21/201 6 1 2:49:62 PM —EXISTING PROPERTY LINE "74 HITCHING POST R©ADCOLOMBO\\\\\\\ \`LOT 'OF MINtbR' \\\\\\SUBDIVISION NO. 400\\\ \ \\\\\\ \\\\ ` \\` OF SEC. 34, T1 S, ROE \\\\\1 \N OII3�i°tft15 t3F E7\\\`\\\`\\\ iV r \\2 N 57°01`30'E,1$.7G FEET \ \ \ \\ \'J.3 �S01-24'34-W,10.44FEETPARCEL 1-1 PUE NEW PUBLIC USE \EASEMENT \\ \EXISTING EASEMENT \ \\ \\ \ B R LANE P08 A PUBLIC USE EASEV.FNT TO THE OTYOF POMMAH,LOCATED IN LOT 2OF MINOR SUIFDIVIMN NO.40,A PARCEL OF LAHO MOO A PORTION OV TRACT 4A-1 OF CERTIF GATE OF SURVEY No.2202a.LOCATED IN 71ir NEI%OF SECTION 3, 128,ME,Mn IN THE Sf l OF SECTION 34,TS z,R5E,P M-M,CITY OP ROtEMAR C ALLATQd COUNTY,M£NTANA,MORE PARTICULARLY CrScR1aE0 AS rOLLowt; lzEGNNING AT THE$OUT!?EASYCORNER OF THE EASEMENT HF_REIN OFSCRtBED, BEING A POINT ON TttY:HORTTI FAO W-WA.Y OF BAXTER LANE,FROM WHICH POINTTHE SOUTHEAST CORNER OF SECTION 34,T1S,RSE,P-MA4.,BEARS S 43, RAY LROENla 4.Ott L-,7I1.A7 T CFT,SAID P01N rOF(IFOANNIN{b;THENCC,tvOM EA10 P"Tfir, -- - BECNtING.N 09'O&3 W.15AS FEETALONG THE NORTH RIGHTOF-WXy OF �7�� C AkTi R1.AiJC 71tENCF,NV-01-W-E,TS.7BFEETTOTHEWF_STLIT:E OFDAVt5 /Lf f a xun 3asear x LAKERIGHT-OF-WAY,TItitCE,S6i'24'SQ W,10.44 FFETALONOTHEWESTLINE OFDAViS LANE I41GH Or,-'NAY ToVRPOIH7OrBWINNINO,ANDtONYAIm'-wat 0 _. 40 __80 SOFT.MORE OR LESS. w4km IN FEET RIGHT OF WAY REQUIRED FOR BAXTER LANE AND PROJECT 4524 11402.01 DAVIS LANE INTERSECTION IMPROVEMENTS DATE 312W2015 D C111V L_ CITY OF BOZEMAN,MONTANA fs4sa�nfinr• sc _»+•s+ •.•A•:�r<5 PARCEL 1-1 EX1 IBIT A rr s 1/4 SEC s41 T15 Rm P.Km. Page 4 of 4 A 2540212 t p {. + CtiarinikmrH!I!$ G„Ilatirt Cou4 b52 F,M Fe: 2 isc IIIIIIIIIRon11111 l�i� i lit( illl�l 111 FtzOaECT tvAME��AxTEft C N At ` t CITY OF BOZEMAN a.tAVIS Uf'(RIWACQUIStTfC3N Engineering Division PROaI�Cz# 452411402.01 ' Public Works Department g� TEMPORARY CONSTRUCTION , EASEMENT TEMPORARY CONSTRUCTION EASEMENT THE GRANTOR(S), JOSEPH Jf COLOMBO AND JANET E. COLOMBO, as joint tenants, whose address is 74 Hitching.Post road Bozeman, MT 69715,as owners of the property described below, and its/their successors and assigns for good and valuable consideration,conveys and warrants to the CITY OF BOZEMAN,a Municipal Corporation of the State of Montana,with offices at 121 North Rouse Avenue, Bozeman Montana 50716, Grantee and to its successors and assignees; an unrestricted Temporary Construction iasement,over,and across the following described real estate. A temporary construction easement to the City of Bozeman,located in lot 2 of Minor Subdivision No. 400, a parcel of land'being a portion of tract 4A-1 of Certificate of Survey No,2202B, located III the NEA of Section 3,T2$, R5E, and in the SIR%of Section 84,T1S, RSE, R.M.M., city of Bozeman, Gallatin County,Montana,more particularly described as follows; Beginning at the southeast corner of the easement herein described,being a point on the north rigght-of way of Baxter Lane,from which point the southeast corner of Section 34,T1S,RSE,P.M.fiii.,bears S 51' 34'27"E, 82.01 feet said point of,beginning;'Thence, from said point of beginning, N 89'0$'35"W, 35.00 feet along the north right-of-way of Baxter Lane;Thence,N 43"26 19"E,76,34 feet to the west right-of-way of Davis Lane;Thence,$01"24`3#"W,45,01 feet along the west right-of-Y-y of Da v s Lane, Thence, S 57' 01' W'W, 18.76 feet to the north right-of-way of Baxter Lane to the point of beginning,and containing 1,319 sgft,more or less. delineated as to said.tract of land on.the exhibit attached hereto and mute a part hereof as Exhibit A of this.instrument and designated as Parcel 1-2. Said parcel,containing 1,319 square feet,more or less,is hereby provided to the CITY OF BOZEMAN, for the purpose of constructing and/or improving a public street,highway,walkway,trail and/or electric,telephone or telecommunications;gas,water;sewer,drainage, or other utility transmission or distribution facilities as necessary for the Baxter Lane and Davis Lane Intersection Improvement Project: Upon:completion of said prat for which access is hereby provided;the CiTY OF BOZEMAN shall restore the property as nearly as possible to Its original condition. The CITY,05 BOZEMAN agrees to hold Grantor harmless from any and all liability that may result or arise from the exercise of the rights granted hereby. The Grantor hereby covenants with the CITY OF BOZEMAN that the Grantor has good title to the above- described tract of land, and covenants that the CiTY OF BOZEMAN shall have quiet and peaceable possession thereof and use thereof during the period of the Temporary Construction Easement. This Temporary Easement is in effect for a period beginning the 1st day of construction on the property, and ending two(2) years later, at which time this easement shall expire and be of no force and effect. A release of easement will be recorded at the conclusion of the project: CITY OE 13OZEMAN PROJECT WOE-BAXTERiDAVIS' Partel 1-2 PROJECT NUMBER:4524A1402.01 Page i of 3 2540212 Page 2 of 3 03/21/2016 12-.49:52 PM Dated this 16 day of Itiv- 2o-gs .104jph J.(jolom7 )W'Jinef—E,051=1307 ACKNOWLEDGMENT OF GRANTOR STATE OF MONTANA )SS County of Gallatin On this 1 day of 20L_5 before me, the undersigned, a Notary Public In and for the said State,personally appeared the Grantor,Joseph J.Colombo and Janet E,Colombo,known to me to be the identical persons who executed the foregoing Instrument and acknowledged to me that Joseph J. Colombo and Janet E.Colombo signed the same as Joseph J.Colombo and Janet E.Colombo free and voluntary act and deed,With full knowledge of its contents,for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my %id I seal this day and year above written. Notary Public in and for the State of Montana My Commission Exprves: 7ANTHONY' B,,[ECj—KC1N1]GAID1D1l AN qr:rats N the St. )1A Notary Aiwic f fo�the Statp of Monttjnq I.g I.g id riosidlng zit: na Y P My Cot n E, 3 3') o '), ol 19 9 30,2019 CITY Or BOZEMAN PROJECT NAME!BAXTERIDAVIS Parcel 1.2 PROJECT NUMBER:4524.11402.01 Page 2 of 3 2540212 Page 3 of 3 03/211201 6 1 2:49:52 PM •y r EXISTING PROPERTY LINE \CUAR�NTOkIWR`]OSEPH J. \ \\\\ \\ \ \\\\ 74 HITCHING POST AB N ROAD \ ,AOZE AN�NIT 59715 `LOT OF' MIN6R' \� \SUBDIVISION NO, 400\\, Ak \ \ OF SEC. 34 T1 S, R5E �\' \ \ \ \ \\r LI -N 69°48'.3 u \L2 N43'28'10"E76.34FEET \\ \L3 S 01°24'34"W,45.01 FEET \ \\ \`• N 1 \\\\\\\\L4 S57'01'30'W,18.76 FEET \\\\ \\\ �\\ \\\\\\\\\\\ \\\ \\\\ \\\ \\\\\\\ m J ARGEL1-TCE \\ w\\ \\ NEW TENIPORARY\ \\\ \\\iNSTRUC `EAOSEMENTTfON \� \ 4�\ �\ \ / \\ \EXISTING EAWvIENT J BAXTER LANE (3pg A Tk.Pl�itAF2Y COiJ;tITtDCT'iON E.43EIAENi'TO THE CITY TJF BOZEMAN,LO CATE,D IN LOT 2 OF MINOR S nDIVISION N0,400,A PARCEL OF LAND BEING A PORTION OF T W,CT 4A-1 OI CCIITIFICATE OF SURVEY Nt).2202B,LOCATED I THE NEA OF SECTION 3,723,R5E,AND IN VE SEW OF SECTION 34,T#S,R5E,P.M,&4;,C"ON BOZEMAN.CALLATIN COUNTY.MONTAM%MORE PARTICULARLY DUCK OLO AS FOL LOVVS; BEOiNNING AtTHE SOUTHtASY CORNER 01=TF;E FR.SEA4EIAT HERGiN DF;SGR€064, BEING A POINT ON THE NORTH RIGHTOFAVAY OF BAXTER LANE,FROM W141CH ftAN I.ECEND POINT THE SOUTHEAST CORK R OF SEOVON 34,T1S,R5E,RKM.,SEARS 951- 34'27°F.,62.D1 FEET,,RAID FOINT OF BEGiNN!NG;TMENCX,FROM SAID POINT OF f}E];; x, Q ,tr SECINN1NO,N 89'0r 36`W,38.48 FF�IALONG 71 iE NORT74 RIWIT-OF-WAY OF FED 1//A BAXTER LANE'THENCE,N4W 2919`E,75,S4 FEET TO THE WEST R.GLFT-GrNAY OF DAMS LANE;THENCE I S Ot`24'3A'W,45.01 FEET ALONG THE WEST H.riTfa„.,:tAtiY RICHT-OF-WAYOFDAVI$IANF,THFt GE,597'Q{'3i5s 4V,1d,`IB FEET'T6 TH€ ++.� C(34i?iH1E6T^3'cFJ,�41 Ati__.__ O_____ hoftTti R1GHFOF-Vs'AY OF L?AXTftt LANE TO THE POtIaT OF BEGINNING,AND ` 'T IN rEET.. CONTAINING 1,319 SOFT,MORE OR L[31. RIGHT OF WAY REQUIRED FOR BAXTER LANE AND PROJECT 4524.11402.01 DAVIS LANE INTER.$ECTION IMPROVEMENTS _RATE F1/2+a12095 tQQWLCITY OF BOZEMAN,MONTANA A#..m= <,,,, PARCEL 1.2 EXHIBIT A �� �^ SE 1/4 SEC 34,TIS R5E F.M.M- Page 3 of 3 CITY OF BOZEMAN Ro�`�y~r�WeR©v Mexi'sE-Ri � � Engineering Divisions ` k � g� � F�RC� IN JiEG'T�#�4�2�t�t�D� v Public Works,Department` fir}'{ wc t 4c z` MEMORANDUM OR AGREEMENT " ' MEMORANDUM OF AGREEMENT AGREEMENT has been reached this day . of lC-�^ , 20t�rbetween BAXTER MEADOWS LAND PARTNERS, LLC..,a Utah limited liability company; e owner(s)of Lot R of the Plat of Baxter Meadows Subdivision, Phase 2B, in the City of Bozeman, Gallatin County, Montana, according to the official plat.thereof on file and of record in the office of the county clerk and recorder., Gallatin County, Montana. (Plat J-506) hereinafter"seller(s)" and the CITY OF BOZEMAN hereinafter"Purchaser for the purchase of said property interest(s).. The amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows; i Public Use Easement(Parcel 1A); $ 21782 Easement area: 8;046! (sgft) Total(rounded) 21,800. See Figure 1 attached: I Other Conditions: I i 1 1. Taxes and Special Assessments, if any, delinquent from former years, and Taxes and Special I Assessments for the current year, if due and/or payable,shall be paid by the seller or sellers.. j 2. This Memorandum embodies the whole Agreement between the parties hereto as it:pertains to i the real estate; and there are no promises,terms, conditions or obligations referring to the subject ' matter hereof, other than as contained herein: } 3. The seller(s) hereby agree(s) that the compensation herein provided to be paid includes fait E compensation for their interest and the interests of their life tenants, remaindermen, reversioners, liens and lessees, and any and all other legal and equitable interest that are or may be outstanding and said seller(s)agree(s)to discharge the same., 4. THIS AGREEMENT shall be deemed a CONTRACT extending to and binding upon the parties hereto,and upon the respective heirs, devisees, executors; administrators, legal representative, t successors and assigns of the parties, oniywhen the same shall have been approved by the City Manager on behalf of the Public Works Department. i 5. The property transfer shall be effective upon acceptance by Purchaser, evidenced by the execution I of this A reement b the CITY OF BOZEMAN and payment of the purchase price. j Of the total amount of compensation hereinabove agreed upon; the sum of$t,8&shall be paid upon execution and delivery of a good and sufficient: 0 Public Use Easement; ❑ Temporary Construction Easement, and the balance of the compensation, amounting to $Q shall be paid upon compliance by the seller(s)with the terms hereof. I , f i i 'Prrrd CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 1A j PROJE CT#;4,524:11402.01.. Page 1 of 3 i Disbursement of funds will be made in the fallowing manner: Seller($) Amount of Payment BAXTER MEADOWS LAND PARTNERS,LLC. $29,800 The Sellers)cerflfy that there are no known hazardous materials on the roperty.. The terms of this Agreement are understood and assented to by us and payment is to be made in accordance;,with the above. BAXTER MEADOWS LAND PARTNERS, LLC. f _ l Date: Title: %�t��>r� /1�&Iwl'lw 13 A2 L ' �ag.�s�ar 11 CITY OF BOZEMAN jJ",L: Date: 'art 1 By; CjAuov— W t O t G � i G t wa. ATTEST: .� Date: = L By: Robin G rh ,ph, --,rS City Clerk a F:r,. ` `�•.K ' J 3 .. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel_1A PROJECT#:4524,i 10101 Page 2 of 3 Current Owner: Baxter Meadows Land Partners LLC. 3605 Baxter East Lane Bozeman,MT 69718 EXISTING EASEMENT W z a a 0 z - m EXISTING PARCEL 1A PUE PROPERTY NEW PUBLIC USE LINE EASEME T EXISTING EASEMENT R/WLEGEND ®EXISTilIG EASEA!E/R NE1'l FASEFiE17T CITY OF 607EMAN RJW ACQUISITION \��`��� V;r11CVABEREOREAttE10EH hElYFUBtIC USE FlSEA�EI/t dAIS tAFT —+����— M TCIGRGWI E NE\YTEI.Ip.COtlST.EASER!EFR CSQFE Xt=l0FRCFERTTUNE 40 G 40 so A_NPL9U0USEEnSEN.ENT $C=H FERT NEYTEMP Y CCNSTRUCTMN E/S940iT RIGHT OF WAY REQUIRED FOR BAXTER LANE AND _ PROJECT 4524,11402.01 DAVIS LANE ROADWAY IMPROVEMENTS DATE 2/2 212 01 6 4411D D W L CITY OF BOZEMAN,MONTANA PARCEL IA FIGURE 1 « + . Page 3 of 3 MTE f?FtbE2fi^lT(z _�cvn� (; 1 i 9 paler 17 of 4 0q/05/2017 12;49i48 P14 Fee: $28.00 Charlotte Mills — Gallatin County; MT Mlsc Illllll llllll l I IIIi Iil(III II1111111(IIII!{Ill IIl�I IIIII{IIilll iII IIIII Iliil�ll(I IIII ill{ pLAT7LD Return to; DOWL 2090 Stadium Drive Bozeman, MT 59715 �r PROJECT NAME:BAXTER LANE CITY OF BOZEMAN ROADWAY IMPROVEMENTS Engineering Division PROJECT# 4524.11402.01 Public Works Department PARCEL*1A PUBLIC USE EASEMENT PU LIC USE EASEMENT THE GRANTOR(S), BAXTER MEADOWS LAND PARTNERS,LLC., a.Utah limited liability company, whose address is 12388 Timberline;Dr., Highland,;UT 84.003<8916, for arid in consideration of Ten and No/100 -Dollars;-and other valuable consideration; in hand paid, conveys and warrants to the CITY OF BOZEMAN,a Municipal Corporation of.the State of Montana,with offices at 121`North Rouse Avenue, Bozeman Montana,59715i its successors or assignees, a perpetual, full and unrestricted'easement and. right=of-way in, over, under, along, through, and across the following-described tract of land located in Gallatin County, Montana A public use oascment tg the City of.-.Bozeman tract of land!d[ocatpd,In-.Lot R of the:Plat of Baxter Meadows Subdivislon, Phase 2B in the City of Bozi=man;Galla in.Cotanty,.. ontana;:according to the official plat thereof on file and of record in the office of We county'.clerk and recorder, Gallatin County, Montana(Plat_J-506);more particularly described,as follows and as shown on Exhibit,A; Beginning at the southeast corner of the easement herein described,being a point on the west right of-way of Davis Lane,from which point the southeast corner of Section 34, T1S, R5E, P.M.M.,bears S 2" 37'19" E, 711,20 feet,said point of beginning;Thence,,from said point oT beginning, N 89' 08' 19" W, 83,00 That along the.south line of Lot R; Thence, N 016 24' 34"E, 97,31 feet;.Thence, S 88 3'6' 47" E 83.00 feet to.the west right-of-way of Davis Lane; Thence, S 01 24' 34" W, 96:54 feet along the west right of-way of Davis Lane to the point of beginning, and containing 8,045 sgft, more or less and as shown on.Exhibit_A. All improvements are the property of the CITY OF BOZEMAN,removable at its option. The failure of the GRANTEE to exercise any of its rights granted herein shall not be.construed as a`waiver or abandonment of the right. The above-named Grantor hereby covenants with the CITY OF BO,ZEMAN that said Grantor has good title to the above-described tract of land and;covenants that the CITY OF BOZEMAN shall have quiet and peaceable possession thereof; and shall have a free.and unrestricted right to maintain said facilities as long as the right-of-way of which this.easement area is a part,remains a public way. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 1A PROJECT##;.4524,1.1402.01 Page 1 of 4 BAXTER MEADOWS LAND PARTNERS, LLC.,A UTAH LIMITED LIABILITY COMPANY" N me:William urnbull- title:Title: Manager of BMLP Management, LLC., A Utah Limited Liability Company, Manager of Baxter> Meadows Land Partners, LLC.,A Utah Limited Liability Company ACKNOWLEDGMENT OF GRANTOR STATE OF Uf_) t1 )ss' County of V+ ) On this day of t rC-h 20-17 before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantor; William Turnbull, Manager of BMLP Management; LLC;;A Utah Limited Liability;Company,Manager of Baxter Meadows.Land.Partners, LLC,; a Utah Limited Liability Company, known to me to be the identical individual'who executed the foregoing, instrument,who acknowledged to me that the individual executed the same as the free.and voluntary act of said company; with full authority to do so and with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS wHER1 OF, I have hereunto set my hand and affixed my official seal this day and year above written: Notary Public in and for the State of �_.�..: My'Oommission Expires: 7/1$/do NOTArT l?UI3LIt MARK SMITH i4 m G,q0095, COMMISSION.EXPIRES JULY id,2020 STATE OF UTAi l CITY OF BOZEMAN PROJECT NAME;BAXTER LANE ROADWAY IMPROVEMENTS Parcel 1A PROJECTM 4524.11402.01 Page 2 of 4: CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMANj a Municipal Corporation of the State of Montana, Grantee herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof, CITY OF BOZEMAN Date; By: G-E_4 lkals(c� C. jt4CV_ iN Vlv% DO a�Jr ATTEST; 4 �j o ° ¢ a1L • 4 By. Rabin Cro)u City Clerk 00 ~%. STATE OF MONTANA } }ss: County of Gallatin The foregoing instrument was acknowledged before me this '� day of Marc l 201'+by sr- k-uIs@-a_nd Robin Crough, known to me to be the City Manager and City Clerk for the Ci y o ozeman and the persons whose names are subscribed to this Instrument,and acknowledged-to me that they executed the same for and on behalf of the City of Bozeman, IN WITNESS WHEREOF,.I have hereunto set My hand and affixed my official seal this day and year above written: Notary Public in and fo� r h St to of Montana My Commission Expires: C 2 s` trait rr PEARL MICHHLSON NjqLiiji Public tARg4`� for 1114,$t� eof Montana r oze4lriri,Montana N1y Goinniission Expires: Maroh.10,2020 CITY OF 13OZEMAN PROJECT NAME:$AXTER LANE ROADWAY,IMPROVEMENTS Parcel 1A Pi20JEGT#:4524,19402.01 Page 3 of 4 e p. \\\ \\\ \\\Current Owner: \ \\\ \\\ \\\\\\\\\\\Baxter Meadows Land 3605 Baxter East Lane Par#nersLLC. \\\\\\\\\\\Bozeman,MT 59718 \\\\\\\\\\ EXISTING \\\\\\\\\ LOTROFTEPLATOF \\\\\\\\\\\\\\\ BAXTER MEADOWS ` \ \\\\\\\SUBSEC.lON,PHASE 34,T1S,R5EBIN\ w/ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\�\\\ Q \ \\\\\\11 N89°0&19"W,83.00FEET \\\\\\\\`L3 S 88?36347"E97.31 FEET83.00 FEET \\\ \ — _ � L4 S1°Z4'`"W,96.64FEET L1 EXISTING PARCEL 1A PUE POB PROPERTY NEW PUBLIC USE LINE EASEMENT R/W Legend Fed Existing Easement New Public Use Easement "' 40 0 40 60 Area Remaining SOME IN FEEr A public use easement to the City of Bozeman, located In Lot R of the Plat of Baxter Meadows Subdivision, Phase 2B, in the City of Bozeman, Gallatin County, Montana, more particularly described as follows; Beginning at the southeast corner of the easement herein described, being a point on the west right-of-way of Davis Lane,from which point the southeast corner of Section 34,T1S,RSE, P.M.M., boars S 2'37' 19"E,711.20 feet,said point of beginning; Thence,from said point of beginning, N 89'08'19,W,83.00 feet along the south line of Lot R;Thence,N 01°24'34'E,97,31 feet;Thence, S 88°36'47"E.83,00 fleet to the west right-of-way of Davis Lane;Thence, S 01'2W 34"W,96.54 feet along the west right-of-way of Davis Lane to the point of beginning, and containing 8,045 sgft, more or less. Rt htofWa Re utredforBaxterLaneand FaOECH �r<uuvzm 4 y 4 onre vana,e Davi s Lane Roadway Improvements L?O W L. City of Bozeman,Montana EXN(BIT A ztmseeuaorto m.�.,,sns,}.:,sst+s PARCEL IA Page 4 of Return To: Security Title C©111p8i1y 2606204 Pase: Mills f 0211612018 1 1 04:20 M :17PM Fee: $28,00 �:o. Box 6550 CharlIllllllllllilllllllllllllilllllllllllllllllllllllillllllllllllllllllllllllllllil T MISC Bozeman, MT 59771-6550 PROJECT NAME: BAXTER LN.AND w��, y : CITY OF BOZEMAN DAVIS LN.R1W ACQUISITION Engineering Division PROJECT#: 4524.11402.01 Public Works Department ti4 �a°:i PARCEL M 2-1 �arfN co:.%olr r - PUBLIC USE EASEMENT PUBLIC USE EASEMENT THE GRANTOR(S), WILLIAM R. PETERSON AND DIANNE PETERSON, as joint tenants, whose address is 5001 East Baxter Lane Bozeman, MT 59718, for and in consideration of Ten and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and warrants to the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana,with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors or assignees, a perpetual, full and unrestricted easement and right-of-way in, over, under, along, through, and across the following-described tract of land located in Gallatin County, Montana: A public use easement to the city of Bozeman, located in the south half of the southwest quarter of the southwest quarter of the southwest quarter (S'/?SW'/4SW1/SW'/) of Section 35, T15, R5E, P.M.M., city of Bozeman, Gallatin County, Montana, more particularly described as follows and as shown on the attached Exhibit A; Beginning at the southwest corner of the easement herein described, being a point on the north right-. of-way of Baxter Lane,from which point the southwest corner of Section 35,T1S, R5E, P.M.M., bears S 46° 08' 15"W, 42.63 feet, said point of beginning; Thence, from said point of beginning, N 01° 24' 34" E, 301.59 feet along the east right-of-way of Davis Lane; Thence, S 89' 08' 21" E, 20.12 feet; Thence, S 01° 23' 13"W. 239.33 feet; Thence, S 360 06' 23" E, 52,87 feet; Thence, S 89' 08' 19" E, 578.66 feet; Thence, S 01' 24' 51"W, 20.06 feet to the north right-of-way of Baxter Lane; Thence, N 890 08' 05"W, 631.08 feet along the north right-of-way of Baxter Lane to the point of beginning, and containing 19,004 sgft,more or less. All improvements are the property of the CITY OF BOZEMAN, removable at its option. The failure of the GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. The above-named Grantor hereby covenants with the CITY OF BOZEMAN that said Grantor has good title to the above-described tract of land and covenants that the CITY OF BOZEMAN shall have quiet and peaceable possession thereof; and shall have a free and unrestricted right to maintain said facilities as long as the right-of-way of which this easement area is a part, remains a public way. Dated this�day of , 20/ Ile William R. Peterson Dianne Peterson CITY OF BOZEMAN PROJECT NAME:BAXTER/DAViS Parcel 2-1 PROJECT NUMBER:4524,11402.01 Page 1 of 3 2606204 Page 2 of 4 02/1 6/201 8 04:20:17 PM ACKNOWLEDGMENT OF GRANTORS STATE OF MONTANA ) )ss County of Gallatin ) On this 14 day of 1� ,y%UN 20A before me,the undersigned, a Notary Public in and for the said State, personally appeared the Grantors,William R. Peterson and Dianne Peterson, as joint tenants, known to me to be the identical persons who executed the foregoing instrument and acknowledged to me that William R. Peterson and Dianne Peterson signed the same as William R. Peterson and Dianne Peterson free and voluntary act and deed, with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. F�F STACEY LAI�SON fJoiary Publicfor the State of Montanallotary Public i nd for the State of Montana ResidBelg ade,i MontanaMy Commission xpires:My Commission Expires: February 12, 2021 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, Grantee herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof: CITY OF BOZEMAN a Date: `-C By: Title: C� ATTEST: , Q *BOZ Title.oa" BE B3 f 4 CITY OF BOZEMAN PROJECT NAME:BAXTERIDAVIS Parcel 2-1 PROJECT NUMBER:4524.11402.01 Page 2 of 3 2606204 Page 3 of 4 02/1 6/201 8 04:20:17 PM STATE OF MONTANA ) )ss. County of Gallatin ) The foregoing instrument was acknowledge before me this day of v 20k,by )Uv WA\— and h Y LIA ici_ r l known to me to e the ( v�t a \�1r�n7�C'��QQ,L and _ for the City of Bozeman and the persons whose ►4�ames are subscribed to this instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. 1 1 i KrR AUCIAKENNEDY Nota ublic in an o he State of Montana .e, CNN'• rY �`�' �•� NOTARY PUBLIC fix tha STATE OF MONTMIA My Commission Ex ires: 1 All +c Residing at Bozeman,Montana 19k,_,.�P� My Commission Eior a ' OF M;�• August D4,201g CITY OF BOZEMAN PROJECT NAME:BAXTER/DAVIS Parcel 2-1 PROJECT NUMBER:4524,i 1402.01 Page 3 of 3 2606204 Page 4 of 4 02/1 6/201 8 04:20:17 PM DAVIS LANE POB \:ter. ate uP".: ,. `t?�e::: 1:3rv; ?r. :� N '.,<.. CURREN/T OWNER: /WILLIAM AND DIANNE PETERSON /5001 EAST BAXTER LANE BOZEMAN,MT 59718 'd; f / SY2SVV/4SW14SW1�4 / ' OF SEC. 35, TI S1 R5E,, '17 f / s r P. � .��t �l, / fff ffff / ff � f / fff 4r; PARCEL 2-1 PUE NEW PUBLIC USE EASEMENT / j f f f ' EASEMENT EXISTING EASEME / t / R. � � / / /L1 � N/d1"2�3�}E 3d'1.59 F�E't�•f j f f •L2 S 89°08'21"E,20.12 FEET L3 S 01'2S 13"W,239.33 FEET /L4 S 36°06'23"E.52.87 FEET / f /L5 5 89`ON 19'E,578.66 FEET 46 S 01°24'51"W,20.06 FEET L7 89°OB'05'W,631.08 FEET / TIs Ftj r6i f / / / / f f f /EXISTING PROPERTY LINE/ L6 / A PUBLIC USE EASEMENT TO THE CITY OF BOZEMAN,LOCATED IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OFTHE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER(ShSW/SW'I.SW'/.1 OF SECTION 35,T1S,R5E,P.M.M.,CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA,MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF THE EASEMENT HEREIN DESCRIBED, BEING A POINT ON THE NORTH RIGHT-OF-WAY OF BAXTER LANE,FROM WHICH POINTTHE SOUTHWEST CORNER OF SECTION 35,718,R5E,P.M.M.,BEARS S 46' R/W LEGEND 08'1T W,42.63 FEET,SAID POINT OF BEGINNING;THENCE,FROM SAID POINTOF BEGINNING,N 01'74'34'E,301.59 FEET ALONG THE EAST RIGHT-OF-WAY OF Fxtsrwc EnS-J�EN1' DAVIS LANE;THENCE,5 89'08'2V F.20.12 FEET;THENCE,S 01-23'137 W,239.33 FEET;THENCE,S 36'06'23'E,5287 FEED THENCE,S 89'00'19'1,578.66 FEET: ©NE'�1PLBUC USE EM1SE4ENT THENCE,S 01'24'5 V W,20.06 FEETTO THE NORTH RIGHT-OF-WAY OF BAXTER 0 LANE;THENCE,N 89.08'05°W,631.08 FEET ALONG THE NORTH RIGHT-OF-WAY OF BAXTER LANE'TO THE POINT OF BEGINNING,AND CONTAINING 19.004 SQFT,MORE SCALE IN F1:S'f OR LESS. BAXTER LANE AND DAVIS LANE PROJECT 4524.11402.01 RIGHT—OF—WAY ACQUISITION DATE 8127/2015 4fD O W L CITY OF BOZEMAN,MONTANA PARCEl.2-1 EXHIBIT A as S%sWY,ViRSViX SEC 38,TIS RSE P.M.M. Return fo: Security Title Com pm U O� Hta � /� Page: 1 of 4 02/16/2018 04:20:17 PM Fee: $28-00 11 0 Charlotte Mills - Gallatin County MT MISC Bozeman, MT 597'7`1-6550 II!lllillll!llllllilIIIlIIIllilllll!lIIIlilllllllllll!!lIIIIIlIIIIIMiIlIIIIIlII PROJECT NAME:BAXTER LN.AND CITY OF BOZEMAN DAVIS LN.R1W ACQUISITION Engineering Division PROJECT#: 4524.14402.01 Public Works Department PARCELM 2-2 c:t TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT THE GRANTOR(S), WILLIAM R. PETERSON AND DIANNE PETERSON, as joint tenants, whose address is 5001 East Baxter Lane Bozeman, MT 59718, as owners of the property described below, and its/their successors and assigns for good and valuable consideration, conveys and warrants to the CITY OF BOZEMAN,a Municipal Corporation of the State of Montana,with offices at 121 North Rouse Avenue, Bozeman Montana 59715, Grantee and to its successors and assignees, an unrestricted Temporary Construction Easement,over,and across the following described real estate: A temporary construction easement to the city of Bozeman, located in the south half of the southwest quarter of the southwest quarter of the southwest quarter(S/SWYSW'/SW'/) of Section 35, T1S, R5E, P.M.M., city of Bozeman, Gallatin County, Montana, more particularly described as follows and as shown on the attached Exhibit A; Beginning at the southwest corner of the easement herein described, being a point on the north right-of-way of Baxter Lane, from which point the southwest corner of Section 35, T1 S, R5E, P.M.M., bears S 59° 45' 35"W, 96.81 feet, said point of beginning; Thence, from said point of beginning, N 36° 06' 23" W. 52.87 feet along the east right-of-way of Davis Lane; Thence, N 01' 23' 13" E, 239.33 feet along the east right-of-way of Davis Lane; Thence, S 89' 08' 21" E, 5.00 feet; Thence, S 010 23' 13" W, 237.68 feet; Thence, S 36' 06' 23" E, 48.68 feet; Thence, S 89' 08' 19" E, 46,01 feet;Thence, N 35"0V 50"E,27.80 feet;Thence, S 89° 08' 19" E, 41.00 feet; Thence, S 300 26' 49" E, 26.92 feet; Thence, S 89° 08' 19" E, 459.61 feet; Thence, S 01° 24' 51" W, 5.00 feet to the north right-of-way of Baxter Lane; Thence, N 89° 08' 19"W, 578,66 feet along the north right-of-way of Baxter Lane to the point of beginning,and containing 5,617 sgft, more or less. delineated as to said tract of land on the exhibit attached hereto and made a part hereof as Exhibit A of this instrument and designated as Parcel No.2-2. Said parcel, containing 5,617 square feet,more or less, is hereby provided to the CITY OF BOZEMAN, for the purpose of constructing and/or improving a public street, highway, walkway,trail and/or electric,telephone or telecommunications,gas,water, sewer,drainage, or other utility transmission or distribution facilities as necessary for the Baxter Lane and Davis Lane Intersection Improvement Project. Upon completion of said project for which access is hereby provided,the CITY OF BOZEMAN shall restore the property as nearly as possible to its original condition. The CITY OF BOZEMAN agrees to hold Grantor harmless from any and all liability that may result or arise from the exercise of the rights granted hereby. The Grantor hereby covenants with the CITY OF BOZEMAN that the Grantor has good title to the above- described tract of land, and covenants that the CITY OF BOZEMAN shall have quiet and peaceable possession thereof and use thereof during the period of the Temporary Construction Easement. This CITY OF BOZEMAN PROJECT NAME:BAXTER/DAVIS Parcel 2-2 PROJECT NUMBER:4524.11402.01 Page 1 of 3 2606205 Page 2 of 4 02/1 6/201 8 04:20:17 PM Temporary Easement is in effect for a period beginning the 1st day of construction on the property, and ending two (2) years later, at which time this easement shall expire and be of no force and effect. A release of easement will be recorded at the conclusion of the project. Dated this/ day of� ,20 William R. Peterson Dianne Peterson ACKNOWLEDGMENT OF GRANTORS STATE OF MONTANA ) )ss County of Gallatin ) On this 14t day of �-2\Jruuux�4 , 201%, before me,the undersigned, a Notary Public in and for the said State, personally appeared the Grantors,William R. Peterson and Dianne Peterson, as joint tenants, known to me to be the identical persons who executed the foregoing instrument and acknowledged to me that William R. Peterson and Dianne Peterson signed the same as William R. Peterson and Dianne Peterson free and voluntary act and deed, with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. STATE`(LARSON Notary Public Notary Public in a for the State of Montana `'.�oTaA1g4. ;for the State of Montana My Commission Expires: b a-)a at, l Residing at: Belgrade, Montana %qa�Mod? ' My Commission Expires: � February 12, 2021 CITY OF BOZEMAN PROJECT NAME:BAXTERlDAVIS Parcel 2-2 PROJECT NUMBER:4624,11402.01 Page 2 of 3 2606205 Page 3 of 4 02/1 6/201 8 04:20:17 PM CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, Grantee herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof: CITY OF BOZEMAN Date: By: CA Title: ATTEST: UZ'P Title: �A TIIV G STATE OF MONTANA ) )ss. County of Gallatin } The foregoing instrument wEls acknowledged before me this �i day of , 20jE;by lYr" .: r -Ci and , - , known to me to be the and (',;--t-i o ,(I( for the City of Bozeman and the persons whose riiames are subscribed fo this instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. 7 AUCIA KENNEDY Notary Pubt�c in an or t State of Montana �rNp7Af7,,� NOTARY PuBLIC for tfie My Commission Ex fires: L - r STATE OF MONTANA i SEAl.r Residing at Bozeman,Montana �koF M � MY Commission Expires August 04,2o19 CITY OF BOZEMAN PROJECT NAME.BAXTER/DAVIS Parcel 2-2 PROJECT NUMBER:4524,11402.01 Page 3 of 3 2606205 Page 4 of 4 02/1 6/201 8 04:20:17 PM DAVIS LANE M\X\ POB C/URKENT OWNER; /WILLIAM AND DIANNE PETERSON /5001'EAST BAXTER LANE '8ozemAN,MT59718 SY2S OF SEC. 35, TI S, R5E, ED z w N co ,cPARCEL 2-2 TCE \N� NEW TEMPORARY CONSTRUCTION EASEMENT /Ll N 36`06 23"W2.8 ET/57 FE '�7 U N 01 1 231 13"E,239.33 FEET L3 S 89*OW 21'rz,5.00 FEET L4 S 01'23'i3"W,237.68 FEET L5 3 36'06'23'1—48.68 FEET /5 s sq*oir iv,E,46.01 FEET L7 N 35*01'50-E,27.80 FEET L8 8 89'08'19"E,41.00 FEET L9 8 30,26'49'E,26,912 FEET /LIO S 89,08119"E,459.61 FEET/Lil S OP 24'51"W,5.010 FEET L12 N 89'08'19'W,578.66 FEET' /EXISTING EASEMENT 7 EXISTING PROPERTY LINE L11 A TEMPORARY CONSTRUCTION EASEMENT TO THE CITY OF HOZEMAN,LOCATED IN THE SOUTH HALF OFTHE SOUTHWEST QUARTER Or THE SOUTHWEST QUARTER Or THE SOUTHWEST QUARTER TJS,R5E,P.M.M.,CITY OF SOZEMAN,GALLATIN COUNTY,MONTANA,MORE PARTICULARLY DESCRIBEDAS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF THE EASEMENT HEREIN DESCRIBED, BEING A POINT ON THE NORTH RIGHT-OF-WAY 05 BAXTER LANE,FROM WHICH POINTTHE SOUTHWEST CORNER OF SECTION 35,TlS,R5E,P.M.K,BEARS 3 59- 45135-W. "I FEET,SAID POINT OF BEGINNING,THENCE,FROM SAID POINT 05 or RAN LEGEND BEGINNING,N 36'OR!23-W,52.87 FEETALONG THE EAST RIGHT-OF-WAY OF DAVIS LANE;THENCE,N Olt'23'1 TR 239.33 FEET ALONG THE EAST RIGHTOF-WAY OF DAVIS LANE;THENCE,8 89-08-21-F,5.00 FEET;THENCE,S 01-23-13-W.237.68 FEET;THENCE,S 36'06'23E,48.138 FEET,THENCE,S 89"OW 19'E,40.01 FEET; THENCE,N35-01-50-E,27.80 FEET,IliENCES 89'06'19-E,4t00 FEET;THENCE, NEWT>RARY S 30-26-4W E,26.92 FEF1',THENCE,SOO'ON 19-E,459.61 FEEn,THENCE,$01'24' 40 0 40 00 6VW,5.00 FEETTO THE NORTH RIGHT-OF-WAY OF BAXTER LANE;THENCE,N 89' MALE 14 rEEr 08!19'W.578,66 FEETALONG THENORTH RIGHT-OF-WAY OF BAXTER LANETO F,7777,1 THE POINT OF BEGINNING,AND CONTAINING 5917 SOFT,MORE OR LESS. A� BARTER LANE AND DAVIS LANE PROJECT 4524.11402.01 RIGHT-OF-WAY ACQUISITION DATE 8/27120t Irr)E3 W L. CITY OF BOZEMAN,MONTANA PARCEL 2-2 EXHIBIT A SKSWAVOIAS0 SEC J6,TIS R5E PJI.X PL/aTIEI7 2566287� o �z1z-, Charlotte Mii1s 1 Ga1.ttl, Cavn8v45MPt� Fob $2WE I � III [III[III �II(Illllll Jill 1111ot11..f fill 11111111I 1Ni)IIIIIIIIIII �1z � PRtJJEGT NAME:BAXTEE7 LN--AND' 91 . CITY OF BOZEMAN DAVIS'LWR/WACQUISIT.ION Engineering Division Public Works [department PRO;IECT# 4524:1�402:01 PARCEL#::3 'I ; C PUBLIC USE EASEMENT - PUBLIC USE EASEMENT THE GRANTOR(S), MAHAR MONTANA HOMES,;LLC.,whose address is 1627 West Main Street, Suite 370, Bozeman, MT 59715, for and in consideration of Ten and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and warrants to the.CITY OF BOZEMAN,a Municipal Corporation of the Sate of. Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715; its successors or assignees, a perpetual„full arid unrestricted easement and righ#-of=way in, over, under, along, through,and across the€ollowing-described tract of land located in Gallatin County; Montana: A public use easement to the City of Bozeman, located in Lot_R2 of West Winds.Major Subdivision, Phase 6, in Section 2, T2S, R5E, P.MM., City of Bozeman, Gallatin County, Montana, more particularly described as follows and as shown on the attached Exhibit A Beginning atthe northwest,comer of the easement herein described, being a point on the south right- of way of Baxter Lane,from which point the northwest corner of Section 2, T2S, R5E, P..M.M., bears N 520 39' 25" 11d, 84.08 feet; said point of beginning; Thence, from said point of beginning, S.890 08' 18" E,:27.40 feet along the south right-of-way of Baxter lane; Thence, S 37 4V 2$"W,46.62 feet to the east right-af-way of Davis Lane;Thence, N 01"49'24" E, 37,26 feet along the east right-of-way of Davis Lane the point of beginning;and containing 5.10 sgft, more or less;, All improvements are the property of the CITY OF BOZEMAN, removable at its option. The failure of the GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right; The above-named Grantor hereby covenants with the CITY OF BOZEMAN that said Grantor has good title to the above-described tract of land and covenants that the CITY OF BOZEMAN shall have quiet and; peaceable possession thereof,, and shall have a free and unrestricted right to maintain said facilities as long as the right-of-way of which this easement area is a part; remains a public way. Dated thls�l day of Nov--e.m b o r,2QIL. Joe Mahar Registered Agent s crrY OP€ozEMAN PROJECT NAME:B&FER/DAVIS Parcel 34 PROJECT NUMBER:4624.11402.01 Page 1 of 4 ACKNOWLEDGMENT OF GRANTOR STATE OF fijouk-r ) ss County of C On this 21 day of 2qi ; before me, the undersigned, a.Notary Public in and for the said State, personally appeared the Grantor; Joe Mahar; known Ito me to be the identical person who executed the foregoing instrument and acknowledged to me that Joe Mahar signed the same as Joe Mahar free and voluntary act and deed, with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed o 'ial seat this day and year above written. J,,�r qy0.4" ANTHONY`GADO O °N c�a'', Notary Public Notary Public in and for the State of '-for the State of Montana My Commission.Expires: i/go /)n Residing at', Bozeman,.Montana y� .• .. ram;; My.commission Expires: o u,4 .,` January 30 2Q19: CERTIFICATE of ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of,.the State of Montana, Grantee herein, acting by and through its City Manager and City C..lerk for the City of Bozeman, hereby accepts for public purposes, the real property, or interest therein- described. in this instrument' and consents to.the recordation thereof: CITY OF BOZEMAN Date; -- ? By Chris Kukulski City Manager ATTEST: 71' By. Robin£or ggOl ,. City Clerk1883 ; sw Q , CITY OF BOZEMAN PROJECT NAME:SAXTEWDAVIS Parcel 3-1 PROJECT NUMBER:.4624.11462,41 Rage 2 of 4 STATE OF MONTANA } }ss. County of,Gallatin } The foregoing instrument was acknowledged before me this day ofc 2Q_!oby Chris Kukulski and robin Crough, known to me to be the City Manager and,City Clerk for the City of Bozeman and the persons whose names are subscribed to this instrument,and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, i have hereunto set my hand and affixed my official seal this day and year above written. _PFEARL I�/+I�HA( �01�! Notary Public in and for the State of Montana fih��Sol�ry Public My Commission Expires: 31 !a ate p9>l�r�nl:ana �cslelna at: Eozmart, �forTana MY Coral»fission!*xpiros; fElarclrl(},2G2R. CITY OF S0Z5MAN PROJECT NAME:EAxTER/DAVIS Parcel 34 PROJECT NUMPER:4524.11402 01 Page:3 of = y _ DAMS LAND . EXISTING PROPERTY LINE EXISTING EASEtuJEN7' DOB /1m R m6NTANA PONIES,LI.G.r / ,! AIS ALDER CREEK DRIVE MEDFORD,0R 975D4 J J PARGEL,"POE NEW PUBLIC USE fJ CASEMENT r ff / i' IJJa' / � r / f J / f iJ •/r' /Li, 86 4 I%W E,/27/.4 111=JEE/`a' J / A8 jNo1'f$`24 E,3726 FEET r 1 r LOT R2 OF 1/ti/EST WANDS { / MAJOR SUBDIVISION, PHASE 5 OF SEC. 2, T2S, R5 j ✓ /. rf J / /r EXISTING,STORM / EASDAENT r J' f`J 7APUBUCLSE G#ENfTO ii GRYfk 80Z£tAAx,LOCATOINC01820F r k'iESTA�'lItiDSF.SAJr3R546DMS1414,PEiAS3z5,kJSECTSON'2,T2S.R5>r.N.M.bA.�CiTY v�.OF SO2EtVAht,cAL1.ATfI4 CaUNly MOWANA;MO,'7.E PARTICIRARLY DESCFRED f✓ . \ ASPO1.LOi'FSF / BEGih:N3NGAT'THE tiORTFiYt'ESt'CQRt-0E73 OF'3'iiE-;°ASEBRQiT HEfY�Ix J r . >��sc>�I���;a�xcAw,inn`�t�'[ttEsnu'[gsRt�i�-raFwAxol:er�;T�rtu�ta> ✓ '' � / f / f N FRarssahFc+�c+�iNr�s�noRns'to��uER_o�sEc�zox2;ns.r�t,p,�c.ts� HE4i?S52'ESrS'YS'.84.OaFCfT,SAS'tPOtNTOfipECtNN 'SA;DPGiNTOFBE�h#fNCs,SS9'6S'18"}.,2T.d6filrETALG:i�a'7°tiE8P.1TH RIGF(fi-0ft,WAY OF,13 it LANE;, 0E.S27114WWW,4642 F TTO'Wt EAST Rt0iT-OFAVAY.OFoAmsLANEi7FiENCE.N8/'d5'24S.3MF£ETALONi': TO,EEAZT12;+3HT�Of-'.'='AYGFDAVIStANt'[C7TH�FGINTAF&.G;niNItEG,stt�i) ORTAR"IN.0 10SO°r MOREORLESS r ! l �?�//1 tW L^G(•t> EXISTING PROPIaRTY LIN- W.P;AUQ V3^sF.F,�u4'.YC �`�i`.,� fi+nxgauatrac SMUE tli FELT RIG14T OF WAY REQUIRED FOR BAMR LANE AND PROJECT �524.11442,41 DAVIS LkNF IMRSECTIpht 1MPt b1JEMEhIT$ DATE 8t2sd20#S ° CCIY OF BO EMAN,ry OWMA Q'OWt— PAkC-L$-■ E{I I W1 A F;wx sea 4 tzs oc 0.0. Page 4 Qf t 2566288 Page: 1 of 3 I2614/2016 02:18 45.PM Charlotte Mills w Gailaiin County MT $2MTSC +(fill lllllflll!lIIIIIIII�(I�I Illllll�IIii�III IIull fill 1111111111111!111!lllll[E - 4` CIiY OF BOZEMAN DAVIS LN ?RiW ACQU1$1T(ON Engineering Division PRO:"'I�CT# 452 :1'I402:U€ Public Works Department _ TE1tilAt7RARY CONSTRCICTiON = EASEMENT TEMPORARY CONSTRUCTiON EASEMENT THE GRANTOR(S), MAHAR MONTANA HOMES„LLC.,whose address is 1627 West Main Street, Suite 370, Bozeman,MT 59715, as owner of the property described below, and2 its/their successors and assigns for good and valuable consideration, conveys and warrants to the CiTY OF BQZI~MAN', a Municipal Corporation of the State of Montana; with offices at 121 North Rouse Avenue, Bozernan Montana 59715, Grantee and to its successors and assignees, an unrestricted Temporary Construction Easement, over,and across the following described real estate:. A temporary construction easement to the City of Bozeman, located`in Lot R2 of West Winds Major , Subdivision, Phase 5, in Section 2, T2Si R5E, p:M.M., City,of Bozeman, Gallatin County, Montana, more particularly described as follows; Beginning at the northwest.corner of the easement herein described, being a point on the east right- of-way of Davis Lane, from which point the northwest corner of Section 2, T2S, R5E; P.M.M., bears N 230 19' 19"W, 161.05 feet; said point of beginning; Thence,from said point of beginning, S 880 52' 03" I-:, 615.92 feet; Thence, N 000 50''49" 1-,_99.84 feet to the south right-of-way of Baxter Lane; Thence, S 89' 08' 19" E, 108.14 feet along the south right-of-way of Baer Lane,Thence;.S 000 51' 54" W, 110.35 feet;`Thence, N 880 52' 03" W, 724.19 feet to the east,right-of-way of Davis Lane; Thence, N 01' 49` 24"' E, 10,00 feet along the east:; right-of-way of (Davis Lane to the point of beginning,and containing 18,059 soft, more or less: delineated as to said tract of land on the exhibit attached hereto and made a part hereof as Exhibit A of this instrument and designated as Parcel 3-2. Said parcel, containing 18,059 square feet, more or less,is hereby provided to the C17Y OF BOZEMAN, for the purpose of constructing and/or improving a public street,Highway,walkway;trail and/or electric, telephone or telecommunications,gas,water, sewer,drainage, or other utility transmission or distribution facilities as necessary for the 'Baxter Lane and Davis Lane Intersection Improvement Project; Upon completion of said project for which access is hereby provided; the CITY OF BOZEMAN shall restore the property, including affected private property features, as nearly as possible to its original condition. The CITY OF BOZEMAN agrees to hold Grantor harmless from any and all liability that may result or arise from the exercise of the rights granted hereby. The Grantor hereby covenants with the CITY OF BOZEMAN that the Grantor has good title to the above- described,tract of land, and covenants that the CITY OF BOZEMAN shall have quiet and peaceable possession thereof and use thereof during the period of the Temporary'Construction Easement. This Terporary Easement is in effect fora period beginning the 1st day of construction on the property, and ending two (2) years later, at which time this easement'shall expire and be of no force and effect,: A, release of easement will be recorded at the conclusion of the project: C1'FY OF BOZEMAN PROJECT. K.AMB:SAX r5kiDAmt. Parcel:3-2 0RUJECT•NuMBEPt:.4524,9`=t402,ot Page 1 of3 Dated this 'day of IV'o tie?76e-)- ,20 t ,Joe Mahar Registered Agent ACKNOWLEDGMENT OF GRANTOR STATE OF vz,!z } ss County of f >`i7n j On this day of l�f�✓c ,.20I6, before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantor, Joe Mahar, known to me to be the identical person who executed the foregoing instrument and acknowledged to me that Joe Mahar .signed the same as.Joe. Mahar free and voluntary act and deed, with full knowledge of its contents, for the uses and purposes therein mentioned. �� ism .lam t m„� , 5fpr yr Lc. IN WITNESS WHEREOF,.I have hereunto set my hand and affixed my official seal this day and year above written. ANTHOIVY GA050 NotM f_uWTtflnandforthe-$1ateof` 9-16 /ma's \: ONY Gad o Notary Pu6ilc 11lyOmmission 1WXptrtws; � 5'c!/� s �CYntY,�z.a v for the Stag of Mbntanra Residing at; Bozeman,Montana MY Comr»iSsiCntpires: Jat�uary30,201 CITY OF BOZEMAN PROJECT NAME,8AXTPR/.DAVlS. Parcel 3-2 PROJECT NUMBER-4524.11402.09 Page 2 oY 3 DAViS LANE EXISTING PROPERTY LINE EXISTING'=ASEhIaNT /cufll EN f R:' j /MAHAR MONTANA HOMES,I-La' f _. r` 815 ALDER CREEK DRIVE { MEDFORD,OR 97504 ! ». °PARCEt.3-2TCe 'M { f NON V:MPORARY ! f ! ! CONSTRUgT10N f '` ! ! ! !EASEMENT L1 /L2 N 00°50'AV E;99.84 FEET / ;G f ./L S 89°08'19"E,108.1A FEET ! c= { �� 900°5t'S4"VJ,t1035FE�T' ! r' ! L5 N 88'5Z N 1'724 19 FEET / �/16 N 0� 24-15 10.00 FEEL' ✓ ! LOT R2 OF NEST MAJOR SUBDIVISION, PHASE 5 , OF SEC: 2, T2S, R5E { ! EXISTING EASEMENT EXISTING STORM f ! l <FasetirJ y A'fF_!,?.FbR?,ttYCOt13Tl�.lcTtO,`k£hS£A,f.�Jl"'icStt3ECiiYOFTiQZE'RAN,LOcf�7x@ .�._ IN LOT R2OFwEfiPWtF3?SMAJORSUSUMSAs1.FNAM5,IN SECTION 2,M.RSP, t?,Jt Jr`=.>`rYY gt:802Eh1t N..GALVIIIY�OUW,A40NTAN0..MORE,PARTCtttx.RE_Y DEAR€SED S FG�.LC7}S'S: ! h=. F 9EG,NNIKOATrRENORTIMSSTCORNEROFTHE EASCMD4HEREW [4 SCR ED;BEINGA POINT LhY7HllEAZTIRAHT'-OPViNyOFVAV5 .'E,FHD.i9:..` 81:tiIJJTJINS,THENCE.:fRd,}1 .JS7 / 1 I .. . t..i ={bfisl . WHICH POtYTiE 0 N WIVIYAY 64.05 FEET,SAID PO tO �i 4 r€ram POINT OFSEGINJSNL-.559'S�O3`R,GSS92FEEi't7H£riCE.NOMSQ'-T+1'E,'J3.84:. { .�.TT"r` J.ti��%i�# FEET'TC73HE9flL'THR'.CitkTt3FaA`ArOFBtiYTERLAN>?.TH£4 >r.SS$`Ob'14?'Pr g£ , x t , 1"14FEETALONG-TM-SOUTH JtIGW--O;'.AJAY OFtA.'M,MFtI.AXXE;THENM SOD' . St ar":4,1i+��"5 FEET;TIiENC�,Tv 88'S2 O3`W,+^24.19 FEEiTdTHEFikT � � s cac �: EAST GH','�3�Y OF DWS LANE TO TH$POINTOF BE�N-AND G5)iE RI FFET Cif ONi`A`Ni1Qf`i:8.t�55$sKFTaMC1RCL"}RLESS.; EXISTING RRC3PERTY LINE ' f:<,5ru?GF4��ii (— utivaasuaxnr ••••••.�•,• �.»SfFLF$fgv aw*PM1^_Y! {0> 0 40... bD c s' PROTECT 4524A1405l 1 RIGHT OF VOAV REQUIRED FO?2 BAXTER LANE AND DAMS LANF-INTERSrCTjoNIMPROVEla71_NTS DATE. CITY OF BOZEMAN,MONTANA 17 O W L EXHIBIT A? 5a mcit e r s ots PARM s,-2 a mog-M*2.T2$R P" # PROJECT NAME BAXTER LN.AND {r.� Z• CITY OF BOZEMAN DAMS LN.R[W ACQUISITION Engineering Division 194Q2 PROJECT#. 4524. .01` PubiisWorks Department ; PARCEL.#:4-1 AND 4-2' MEMORANDUM Off`AGREEMENT MEMORANDUM OF AGREEMENT tvA AGREEMENT has been reached this cL day of ` Q{'Qji�1 201 between THE CROSSING 2 COMMUNITY ASSOCIATION, INC.,the owner(s) of COOS A of the Platof The Crossing 2 Subdivision, located in the NEY4 of Section 3.Township 2 South, Range 5 East, P.M.M:, City of Bozeman, Gallatin County; Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana hereinafter "seller(s)" and the CITY OF BOZEMAN hereinafter"Purchaser' for the purchase of said property interest(s). The amount to be paid and other considerations to be given in full'satisfaction of this Agreement are as>foflows: Public Use Easement(Parcel 4-1);' $ 2,950.00 Easement area; 846* (sgft) Temporary Construction Easement (2 year time period, Parcel 4-2) $ 1,350.00 Easement.area: .1,794* (sqft) Total $ 4.300.0:0 *See Figure 1 attached Other Conditions:' I Taxes and Special Assessments if any, delinquent from former years, and Taxes and Special Assessments for the Curren#.year, if due and/or payable, shall be 'paid-by`the seller or sellers; 2. This Memorandum embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises; terms, conditions or.obligations referring to the subject matter hereof,other than as contained herein. 3. The sellers) hereby: agree(s) that the compensation herein provided to be paid includes full` compensation for their interest and the interests of their life tenants, remaindermen, reversioners; liens and lessees, and any and all other, legal and equitable interest that are or may be outstandinq and said sellers,agree(s) to dischar e the same, 4, THIS AGREEMENT shall be deemed a CONTRACT extending to and binding upon the parties hereto and upon the respective, heirs, devisees, executors, administrators, legal representative; successors and assigns of the parties, only when the same shall have been approved by the City Mang er on behalf of the Public Works Department. 5: The property transfer shall be effective upon acceptance by Purchaser, evidenced by the execution of this A reement by the CITY OF BOZEMAN and payment of the purchase price, Of the total amount of compensation hereinabove agreed upon, the sum of$4300.00 shall be paid upon execution and delivery of a good and sufficient: E Public Use Easement, M Temporary Construction Easement, and the balance of the compensation, amounting to $ O.00 shall be paid upon compliance by the seller(s)with the terms hereof. CITY OF BOZEMAN PROJECT NAME:BAXTER/DAVIS Parcel 4-1 and 4-2 PROJECT NUMBER:4524.11402.01 Page 11 of 3 3 Disbursement of funds will be made in the following manner: Seiler(s) Amount of Payment The Crossing,2 Community Association, Inc. $4,300 pp The Seller(s)certify that there are no known hazardous materials on the pro erttii, The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. THE CROSSING 2 COMMUNITY ASSOCIATION, INC. V/&—�r � V Date: Shannon Weber CITY OF BOZEMAN. l � Date: By: Chris Kukulski City Manager ATTEST-- r ' Date: By:' tay Irrren- City le: I Y, 41)i co, CITY OF BOZEMAN PROJECT NAME:BAXTERIDAVIS` Parcel 4-1 and 4-2 PROJECT NUMBER:4524,1.1402.01 Page 2 of 3 �' -�` ExruTllaG; PROPERTY' #� LINE t"� _ �XISTih1C3�Au"'lrh4ENT .�� ` E3CISTiNG �� pROPEI�TY iiNE � Q - £tom to RARCEL 4-2 TCE ,�,*�� IJEW TEMpORAF;1 CONSTRUGTIOfJ EASEMENT PARCEL 4-1 PUB '. NEWRf1BLiC USE EASEMENT x EXISTING EASEMENT # DAMS LAND V' �e EXiSTINGPROPERTYLINE- RM LEGEND k".N F3-U�ir tEkF�;e:li sa6..4 iJ.l+"vER��aiW.�:- - u T ts.w N:a4TE+IF Ct3,7:Pi.{�?. T 9`tii; .CY ➢lTxt v1Y4_ -� G?5�4 G iuFfiil it v' 30 80 r SOME N FEET __. R16HT OF WAY REQUIRED FOR SAXTER LANE AND PR0490T_ +462411402,01. AS DAVIS LAW INTI~-IP$ECTIow IMPROVEMENTS DATE: t3?. 2&15 3:F� '+✓tl L C TY OF BOZEMAN,ft ONTANA �R -- t � r rat is h�aaaa� s: PARM 4- AND FIGURE 1 t�>s!xc s,-fn am_F u+t_ p1ge 3 of 3 M 71 12540209 Pase; i of'4 03/21/2016 12:49:52 PM Pen; $2g•p0 �wX1AN1a,TtT�Afiaa�� il�llll!lIII111N11lIllllll�lllllll�IlNlill(Ililllllllll!llllllilMl(�1CJ1111�11111( PROJECT NAME BAXTER LN:AND CITY OF BOZEMAN DAVIS L_N RIW ACQUISITION ' Engineering Division Public Works De artmen PROJECT#: 452491402:fI1 P t 9sJN 8 � st PARCEL#:4-1., -°y��` PUBLIC USE EASEMENT PUBLIC USE EASEMENT THE GRANTORS}, THE CROSSING 2 COMMUNITY ASSOCIATION,_INC., whose address is 40 East Main Street, Suite 210, Bozeman, MT.59715,.for and in of Ten and No/100 - Dollars, and other valuable consideration, in. hand paid,, conveys and warrants to the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors or assignees, a perpetual, full and unrestricted easement and right-of-way in, over, under, along,through, and across the following-described,tract of land located in Gallatin County, Montana: A public use easement to the City of Bozeman, located in COOS A of the plat of the Crossing 2 Subdivision, located in the NEK of Section 34 T2S, R5E; P.M.M., City of Bozeman, Gallatin County, Montana more particularly described as follows and as shown on the attached Exhibit A;; Beginning at the northeast corner of the easement herein described; being a point on the south right of-way of Baxter Lane, from which point the northeast corner of Section 3, T2S, R5E, P.M.M., bears N 46' 47`22" Ey 71.89 feet,said point of beginning; Thence,;from said paint of beginning, S 02' 43' 19" W, 53.31 feet along the west right-of-way of Davis Lane;:Thence N 87 14' 63" W, 4.00 feet; Thence N 10°`24' 38"W, 30.81 feet; Thence N 53'. 41' 26" W, 32.64 feet; Thence;N 000 51' 32" E,. 4.00 feet to the south right-of-way of Baxter Lane;Thence S 890 08' 35"E, 38:34 feet along the south. right of-way of Baxter Lane to the point of beginning, and containing 846 sgft more or less. All improvements are the property of the CITY OF BOZEMAN, removable at its option. The failure of:the GRANTEE to exercise any of its rights granted herein shall not be construed as.a waiver or abandonment of the right.. The above-named Grantor hereby covenants with the CITY OF 13OZEMAN that said Grantor has good title to the above described tract of land and covenants that the CITY OF BOZEMAN shall have quiet and peaceable possession thereof; and shall have a free and unrestricted. right to maintain said facilities as. long as the right-of-way of which this easement,area is a part,remains a public way. i Dated this day of U,r Anrr Vv.- , 20�,. Shannon Weber . nt CITY OF BOZEMAN- PROJECT NAME:'.BARTER/DAVIS Parcel 4-1 PROJECT NUMBER 4524.11402.01 Page 1 of 4' ACKNOWLEDGMENT OF GRANTOR STATE OF MONTANA )ss County of Gallatin On this day of bec'l t�l(;ut20)S afore me, the undersigned; a Notary Public in and for the. said State, personally appeared the Shannon Weber, known to me to be the identical person who executed the foregoing instrument and acknowledged to me that Shannon Weber signed the same as Shannon Weber free and Voluntary act and deed, with full knowledge of its contents,for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. =btatb w��VYr il" LY EVANStary Publiccooate of Montanasiding at:S]~ i< a I Montanallotary PublWin and for the Statee of Montana arhp� mis�ion Expires; My Commisslon EXpIreS: / 1 �i V ��, �� h.19,2ofA , r---z—�--��n CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, Grantee herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof: CITY OF BOZEMAN By: Chris-Kukuiski City Manager ATTEST: By e U[meni �s Ci 1er . 4J & 11..E CITY OF BOZEMAN PROJECT NAME:BAXTEROAVIS Patcel 4-1 PROJECT NUMBERt'4524.11402.01 Page 2 of 4 _ . . _ STATE OF MONTANA j )ss. County of Gallatin ); The foregoing instrument was acknowledged before me this _ day of rnh -� 20 by Chris Kukulski and Stacy Ulrnen, known to me to be the City Manager and City Cierk for the City of Bozeman and the persons whose names are subscribed to this instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. ` HEATHER BiENVENUE 'r ..TART F2- Notary PubllC x_N t4 m-for the State of Montana * ot Residing Public in an forthe State of Montana .,esicling at: Bozeman; Montana My Commission Expires: 9Top` o '` My Cammission E Splr$S: ,+ i,} January 26 2018 CITY OF BOZEMAN PROJECT NAME:BARTER/DAVIS Parcel 4-1 PROJECT NUMBER 4524.11402 31 Page 3 04 _ CURRENT C}A'NER: THE CROSSING 2 COMMUNITY ASSOCIATION,INC.: 40 EAST AN STREET.SUITE 216 BO7EMAN,Iv9T5S'li5 1 ft COOS A OF THE PLAT OF THE CROSSING 2 SUBDIVISION, OF SEC:. 3, T2S, R5E EXISTING EASEMENT EXISTING / • PROPERTY LINE L1 S 02,4 Y 1 'W,53.31 FEET L2 N87:W 5r W,4.00 FEET \ L3 N 10 24'38'W,30,61 FEET `. UO L I N 53"4 P z8"W,32.64 FEI T` L5 N W0A 3S Y W 1 £,W3 FEET LG S£i�3 Iw;,'ia.34 FkE( EXISTING PROPERTTY PARCEL 4-1 PUE LINE NEWPugL)CUSE EASEMENT / l5 I EXISTING EASEMENT POS DAMS LANE T.Put�Ltcu ia�asEaaESJY76Tatc11YOrDazi .IAN.LOCAIcaIN�aOSAcFTPE EXISTING PROPERTY LINE I."GF=I -CRGsS:h0 P SUDDIMISION;LOCATCCI itJ 7HL"-I P ;OF SSG i ON 3,'t13, R5E,Y.id.Rt,,CifY Jf HGXkN,Qtd.t_�TW COUNTY,bRUt 7t\t+A t.*.t'SRE PARTICULARLY DESCRIBDPAS FOLLOWS; J3tr.C>;NNlN3AT THE HORTHEASTCORK�R ORTHS:CP.S db'Fra[fe—DEselt,`DC 0,: 7±[}HG�A f;QRH f'[7fd THG:Si7liTt-I IilColii-i#F-44Y OF DFR LAFJE i t'i7; V:�sCF1 .PG'WTHEHOR*iAST CORNER 41=St OTIGRd 3,T23 R E,P.A3.Ad:,6EP.RS h'i6'4?'. ��',P:.q§tYt:Y,�.hisl Pi7ihTc3r DEG[hNlhiG;7hEF[CC.i'Rt1!ASlidt P4ttdTt 80LEGEND EEG(Nt3It C,4Q2'43'S9 YV, 3 5FE47 RLC 4p THD tVRSTRiGHT hr PAY E ^"""'^^^'^'^^ DAVIS LAW THttNC):N ar 14 55�°4V,4176E ET;XHCP4t`C t4 W 9l.4'3D W.3 PO. ry�ttvgt.€T?. t. iET;THEPv(',E Pd SS'49`2a"Y�,3Y.54 FEET 1"riEtdCi=N6?°D5'92"[4MFr_ET:T4 TNLF.SaUIHmHi-OF-tmyor rAXTERLARE-,tju4 dE'S Wov ves?uuiu lr3cvaa..ux:rt ALON(S TTiF>St ttJTH R1C-FR-OFktfAY OF.BAXiER MMET61H4 PONTOF. . 30 _ c zo _no Rt53ih`NtNG.A>!1)Cc7M'Attat4:caG^� 4,tv o:tE Q:?LF S, ew`''ot��• A—P— SCALE-HJ.ma - - RIGHT OF WAY REQUIRED FOR SAX TER PA LANE AND _ i OJGGr 4524.14402.01 1096R [SATE 81 5 .4 DAMS LANE INTERSECTION IMPIdOVENICNYS 12 115 CITY OF BOZEMAN,MOWANA DOL - a suaixf.cx< a htxx?a,:s7;s PARCEL 4-1 EXHIBIT A �rf bta st d a:Td5 Wx g-m, Page 4 of 4 2540210 i1€siY�61t�A1lP ;:3�ryyr� 7 Pagta.jI1 or 3 t 0i3+Gallatin County, MT ff211E2I016]i12:4t9:l6 {I2 jiPiM Fee: $2 ( 1.0�` ' �E2��R-t'`#`_-__•���..5:�:� ����III�I�I���{��IIII�I����1��IiI IE�� �f�i�I��1ltl l�ll�IA�I�11 I��IIiI����Il�'ll��I) MSC j PROJECT NAME BAXTER LN.AND CITY OF BOZEMAN DAVIS LN O MACQUISITION: Engineering Division PROJECT 4...4524. '1 t402:d7 Public Works Department _ PARCEL.# 4.2 " TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT THE GRANTOR(5), THE`CROSSING 2,COMMUNITY ASSOCIATION, INC., whose address is 40 East Main Street, Suite 210, Bozeman; MT 59715, as owner of the property described below, and its/iheir successors and assigns for good and valuable consideration, conveys and warrants to the CITY OF BOZEMAN a Municipal Corporation of the,State of Montana,with offices at 121 North Rouse Avenue, Bozeman Montana 59715, Grantee and to its successors and assignees, an, unrestricted Temporary Construction Easement, over, and across the following described real estate: A temporary construction easement,to the City of Bozeman, located in COGS A of the plat of the Crossing 2 Subdivision, located in this NEY of Section 3, T2S, R5E, P.M..M., City of Bozeman, Gallatin County,Montana more particularly described as follows; Beginning at the northeast corner of the easement herein described, being a;point_on the west.right- of-way of Davis Lane, from which,point the northeast corner of Section 3, T28 R5E, P.M.M., bears N. 280 11' 33" E, 116.27faet, said point of beginning;Thence, from said point of beginning, S 02°43' 1.9 VI/; 44.69 feet along the west right-of-way of Davis Lane;Thence, N 25° 30' 57"W, 110.30 feet to the south right-of-way of Baxter Lane; Thence, S 89° 08'.36" E, 15.156 feet along the south right-of-way of Baxter Lane; Thence; S.000 5T 32"W 4.00 feet;Thence, S 53' 41'26" E, 32.64 feet; Thence, S 10 24'3&' E, 30.81 feet; Thence, S 87' 14' 53" E,,4.00 feet to the west right-of-way of Davis Lane to the point of beginning and containing 1,794 soft, more or less. delineated as to said tract of land on the exhibit attached hereto and made a part hereof as Exhibit A of this instrument and designated as Parcel 4-2. Said parcel, containing 1,794 square feet, more,or less, is hereby provided to the CITY OF BOZEMAN,.for the,purpose of constructing andtor improving a public street, highway, walkway;trail and/or electric,telephone or telecornmunications, gas, water, sewer; drainage; or other utility transmission or distribution facilities as necessary for the. Baxter Lane and Davis Lane Intersection improvement Project Upon completion of said project for which access is hereby provided, the CITY OE BOZEMAN shall restore. the property as nearly as possible to its original condition. The CITY OF BO;ZEMAN agrees to hold Grantor harmless from any and all liability that may result or arise from the exercise of the rights granted hereby. The Grantor hereby covenants with the CITY OF BOZEMAN that the Grantor has good title to the above described tract- of land, and covenants that the CITY OF BOZEMAN shall have quiet and peaceable possession thereof and use thereof during the period of the Temporary Construction Easement. This Temporary Easement is in effect for a period beginning the 1st day of construction on the property, and ending two (2) years later, at which time this easement shall expire and be of no force and effect, A release of easement will be recorded at the conclusion of the project. CiTY OF BOZEMAN PROJECT'NAME:RAXTERMAVIS Parcel 4-2 PROJECT NUMBER:4a24.11402:01 Page 1 of 3 Dated this day of 'K; 20 Shannon Weber f�egiste��- rtt ACKNOWLEDGMENT OF GRANTOR STATE.OF MONTANA ) }ss County of Gallatin On this day of i.� 1 _ 20 before me, the undersigned, a Notary Public in and for the said State, personally appeared the Gra�it , Shannon Weber, known to me to be the identical person who executed the foregoing instrument and acknowledged to me that Shannon Weber signed the same as Shannon Weber free and voluntary act and deed, with full knowledge of its contents,for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have.hereunto set my hand and affixed my official seal this day. and year above written. 7 w--- 'S" 1,,,, E(vS1�Y EVAf41t � 11 .._ ,. pu NotarY Public ,�e. for thn' ta�,of M®ntn Notary Pubic i and for the Stale of ontana,. �4NotaWirg�f.. rY BQz4rman,mo r'ra My Commission Expires: �� yY Y t�harch 1%adi CITY OF BOZEMAN PROJECT NAME;BAXTERIDAMS Parcel 4-2 PROJECT NUMBER 4524.11402.01 Page 2 of 3 _._ ......._ CURRENT OWNIER; TI?E CROSSING 2 COMMUNITY r d \ ASSOCIA-110N,ING: 40 EAST MAIN STREET,SUITE 210 ~ DOZEA9AN,MT59ti5 / r �� r COOS A OF THE PLAT OF THE CROSSING 2 SUBDIVISION, OF SEC. 3, T2S, I5E f Xl r EXISTI►iG EASEMENT EXISTING r ' PROPERTY LINE L1 S G21 43 19"tii1. .88 44 FEET L2 N 26t 30'57"1AE,110.30 FEET �! L3 6 0'09 35"E.15.56 FEET L4 S 00'51'32 t-Y.4.OD FEET r r L5 55314i'25'E,32,64 FEET 1 f L8 S 10'24'36`E,30.81 FEET L7 S 87`14'53`E,4,00 FEET / r r r NEWTEk1PORARY CONSTRUCTION r EASEMENT �. EXISTING EASEt"AFMT POF3 �lAVtS LANE . ATCtdP6R732V C6NSIAliG7iON EABt mv,(T TO'fka CITY OF 8OZEA%r LOCATtiG EXISTINGPROPERTYLtN' ir�consarsi 1�E vcnzoFTt+eCE�assuv�zsuet�ulSiGt+,y� vF�udTr��Na°r, 6STi15CTF:its`3,M,R5G,:P.M.M.,CITY:OF8Ozef."J:R;M-LullifdCORdT`,hfOKI AN ' t/+?REI'A.P.i1G'UI.PRL`fGcS4`Ii18ES?hS3=f?7,1,(5N�5,^-.. - .. FEG:R't(NC-ATTW NORMEASTCGTtNER O� THE EASEMERi HEREIN AESCrgmp, 0r-41GA POI NT0NiHSV,'ESTRICHT-6j;uk'(OFvt' IS`[.hkr:'rnoS.4A4 ic)iPQINr 7}EEiORTEIEASTC R14MO SEd110f3.T28,R5E,PJVA,SEARS N'24'iS'VIE. 1fi27FCET,_$ASQ4`b34T6FSkQ�NtdiC{�a'TJ'PN('F l'^j2DM�NDtfNPdF (21l'it LE(,EN©�. 4FG":NIt G,3 02-4TlTIW1,gk 89 F"EETALOVG tHiE-WEST R'CHT-OF 1a A'y OF D.AliS LADE,II IENCE.N 21V 26.5 WV'l10,10 HEF,TTU'ik E't` um',I 110hT-0I-MY- Rh�gA�Ek LhJaE,THEESCE,S 89`t�9'3.i 1=,1a 56 i-E�i ALt�t GTI-�SdL`Tii.. iiGHT-QES'rAYd#`8T7Et�U,NF•'THEFiCE SC4°vf3j W�. FtEl,TN1�SiCC,6' YY�VR:�anr C, QFS ikkT'td TN �`* fR'E.(�TS?F1°AY 4f l?/t�'i9 LAt�ETf!'Tt�F PtS`3{Tt}If.. BEfthhthi+:�1"E1RG6taYAiNIhEGi,�4S(�FT.tttJREt�.('L£S5, SCA3E IN FFEf ,. - ���\���� ARf fEii.R:W RIGHT CFWAY RECdLIIRE©M0 BAXTETt LANE AND PROJECT 45?1.1S4o2.ti1 m. DAVIS LANE INTERSECTFON IMPROVEMENTS DATE,: 80120115 �= C1 W L CITY OF 863 EMl1f•1,F�oWtNN t sc M a a z n n ?tti Pf� EL A- : EXHIBIT A ICY,SEC 3.72FI RM PW4 P7-g4 aof',3 � g 802 PROJECT NAME X E CITY OF BOZEMAN ROADWAY th11PI2ovEiNENTs Engineering Division PRiJJECT# 4524114020'€; Public Works.Department PARCEL#d 4 MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT AGREEMENT has been reached this In-k" day of 2Q 1�6 between THE CROSSING 2 COMMUNITY ASSOCIATION, INC;,the owner(s) of CoOS A of the Plat of The Crossing 2 Subdivision, Iodated in the NE%of Section 3, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana; according to the official plat thereof on file and of record in the office of the, County Clerk and Recorder of Gallatin County; Montana; and the CITY OF BOZEMAN for the replacement of trees removed for the said road project. The amount:to be paid and other considerations to be given in full satisfaction of this,Agreement are as follows: Tree Replacement $ 2,100 Total (rounded) .$ 2,100 *See Figure 1 attached Other Conditions: 1. This Memorandum'embodies the whole Agreement between the parties hereto as it pertains to the replacement of trees, and there are no promises, terms, conditions,or obligations.referring to the sub t matter hereof,.other than as contained herein. 2. THIS AGREEMENT shall be deemed a CONTRACT extending'to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representative,. successors and assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. Of the total amount of compensation hereinabove agreed upon,, the:sum of $2.100 shall be paid upon execution and delivery of a,good and sufficient: 0' Memorandum of Agreement and the balance of the; compensation, amounting to$0.00 shall be paid upon compliance by the owner(s)with the terms hereof. D.isbursement of;funds will be'made;in the following manner, Seller(s) Amount of Payment The Crossing 2 Community Association, Inc. $2,100 The Seller(s)certify that there are no known hazardous materials on the property. The terms,of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. CITY OF BOZEMAN PROJEQT:NAME BAXTER EANE R,O.AQWAY IMPRQVEMENTS Parcel PROJECT##:4524.11402.0'1 Page 1 of THE CROSSING 2 COMMUNITY ASSOCIATION, INC. VV&— ''. , Date: Shannon Weber Authorized Signatory CITY OF BOZEMAN (N,:J�A.. Date: By: Chris Kukulski City Manager ATTEST: Date: By 64a'ey-Uhien 41©ti City Clerk 883 w •r q J w 3� Y 6 �` P 6 CITY OF BOZEMA14 PROJECT NAME::BAXTER LANE ROADWAY IMPROVEMENTS Parcel 4 PROJECT#:4524.11402.01 Page 2-of 3 EXISTING SIpEiiALiC r ; EXISTING PROPERTY lrXISTItdG EASEMEb'T' �„ � ��> EXISTING to�� �.; PRd}PEii'C1°LINE � g� a' EXISTIR` PRO CSEfl TREE d TREEE$TO 6E L06ATiOAl AREA REMOVED IMN TEMptSRARYfi .w CONSTRUC7i4A] r® =r EfiSEMrNT USEEASE�:IENT �= `" EXISTING EASEMENT ' C3AY78 LAly$Y `� ' EXIVING FROPEPTY LINT; 30 U. 3i1:.. bLt 'E� C'i14F'.7dTY tfi RIGHT OF WAY REOUIREO FOR SAXTER LANE AND PROJEGT 4524.1f402.01, ,,� DAVIS LAND JWTERSECTION MPRQVEMENTS DATE 418(2Qi6 CITYClF 8©ZEMAFdI tvIONTANA DIOW1L PARCEL 4 TREE IMPACTS- FIGURE,1 r f, Page 3 0 113 PROJECT NAME.BAXTER LANE CITY OF BOZEMAN ROADWAY IMPROVEMENTS Engineering Division -` Public.Vltorks Department PROJECTM 4624.1'1402.01 p 88 PARCEL M 6-1 and 5-2 —�t MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT AGREEMENT has been reached this 2 Y A day,of Pvl� 20A between RONALD J. BREKKE AND ROBERT E. BREKKE, the owner(s) the we5 'half of the east half of the southwest quarter of the southwest quarter of Section 35,Township 1 South, Range 5 East,;M.P.M, Gallatin County, Montana, hereinafter"seller(s)"and the CITY OF BOZEMAN hereinafter"Purchaser" for the purchase of said property interest(s)_ The amount,to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Public Use Easement(Parcel 5-1), $, 12,23$ Easement area: 6,606* (sgft) Temporary Construction Easement (2 year time period, Parcel 52): $ 4,424 Easement area: 11,344* (sgft) Cost to Cure: $ 35,252 Total(rounded) See Figural attached Other Conditions: I: Taxes and Special Assessments, if any; delinquent from former years, and Taxes and Special Assessments for the current year,if due and/or payable, shall be Paid b' the seller.or sellers: 2. This Memorandum embodies the whole Agreement between the;parties hereto as it pertains to the real estate, and>there are no promises, terms, conditions or obligations referring to the subject matter hereof; other than as contained herein. 3. The seller(s) hereby agree(s) that the compensation herein provided to be paid includes full` compensation for their.interest and the interests of their life tenants, remairidermen, reversioners; liens and lessees, and any and all other legal and equitable interest that are or may'`be outstanding and said seller(s)agrees)to discharge the same. 4. THIS AGREEMENT shall be deemed a CONTRACT extending to and binding upon=the parties hereto,and upon the respective heirs, devisees, executors, administrators, legal representative, successors and assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Department of Parks and Recreation. 5. The property transfer shall be effective upon acceptance by Purchaser, evidenced by the execution of this Agreement reement by the CITY OF BOZEMAN and paymentof the purchase'price,. 6: The seller reserves the right to, remove branches from the impacted trees as noted on the construction plans prior to construction for maintenance purposes. Complete removal of: the Impacted trees by the seller that are' planned to; be removed with the construction project is not pen-nitted unless specifically a"reed to b the Purchaser. r CITY OF BOZEMAN' PROJECT NAME:;BAXTER LANE ROADWAY IMPROVEMENTS Parcels-I.and 5-2 PROJECT#: $?41140.01, Page 1 of 3 Of the total amount of compensation hereinabove agreed upon, the sum of $51,950 shall be paid upon execution and delivery of a good and sufficient: Public Use Easement, M Temporary. Construction Easement, and the balance of the compensation, amounting to $ 0.00 shall be paid upon compliance by the seller(s)with-the terms hereof. Disbursement of funds will be made in the following manner: Seller(s) Amount of Payment Ronald J. Brekke and Robert E Brekke $51,950 _ The Sel(ers)certify that there are no known hazardous materials on the property. _ The terms of this. Agreement are understood and. assented to by us and payment is to be made in accordance with the above. RONALD J. BREKKE AND ROBER'T E. BREKKE Date: ma o 1.6 Ronald J, Brekke — �o Date. Robert E. Brekke CITY OF BOZEMAN f Date: .r By: Chris;Kukulski City Manager :ATTEST' r> orb By: Robin Crough City Clerk i r '�- 7t?<� 0 y CITY OF.13OZEMAN: PROJECT NAME:BA)(TER LANE ROADWAY IMPROVEMENTS Parcel 5-1 and 572 PR6JECT#:4524,11402.01 Page.2 of3. _ _ a Current Owner, -; RCi ald J:Brekke and v Robert E.Brokke 3005 Baxter Lane Bozeman MT59715 FS = t- ExlSTING t?ROPI=RTY LINK: '' � tSE4VPU9LiGUS� '° EASEhAE#�lT #=X13TING EASEMENT PARCEL 5<2TCI hC{N TEMPdRARY CONSTRUCTION EASEtf�EN T i.. �EY73T Y3[yrxtfi7.i NMEASSR!CT'. C€TY Cif C39ZEttiAN RNf{jiG UISITIO h`ENR3AF.G:YSf,r,4*":f-`F4€ if?ia a- Y .. (xf'"jEY�PkerE4T3'Li.$,'. ._.__.,_............_ .....-.,,..�.;--,_--___.�.., v_�...._.._... SO .. 6-' tti154'{s3lPCL`tE€fSfAi£'iY ',.. __-...- W '"?(07 -.__ tfE:x'x Fls.`CPARY RIGHT.bFmI REQUIRs D FOR SAXTRR LANE AND; PI_Q3EGT< 4S2SM402M DAVI5 I-ANE RGAMAY IMPROVEMENT$ DATs 9211f3 Qi5 C CI11 L ClTY OF BQZEMAK AIONTAN.4 PARCEL a: FIGURE 1 MONTANA NO FAORr3'T PLATTED �� Return to 2549212 DOWL Page: 1 of 4 06/27/2d1$ 12;i8:32 PM Fee: $26:60' 2090 Stadium Drive' fcffhltartlt{otl!tettM(iihIlI[s - IGttalilIi'altljliln IIC1ottlutt##nt+y1(I1 MT, ((ff ii II t11( h1ISC Bozeman, MT:59715 , a PROJECT NAME.-BAXTER:LANE � R A CITY OF BOZEMAN ROADWAY,iMPFt6VEMENTS if Engineering Division PROJECT# 4524.11402.011 Public Works Department PUBLIC USE EASEMENT PUBLIC USE EASEMENT THE GRANTOR(S), RONALD J. 13REKKE AND. ROBERT E. BREKKE, whose address is 3005 Baxter Lane, Bozeman; MT 59718, for and in consideration of Ten and No/100 - Dollars, and other valuable consideration, in-hand paid, conveys and warrants to the CITY OF BOZEMAN,a Municipal Corporation' of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors or assignees, a perpetual, full and unrestricted easement and right-of-way in, over, under, along, through, and across the following-described tract of land located in Gallatin County, Montana: A public tuse easement to the City:of Bozeman, a tract of land located in the W%E%SW%SW%4 of Section 35, T15, R5E, M.P.M., Gallatin County, Montana, more particularly described as follows and as shown on Exhibit A; Beginning at the southwest:corner of the easement herein described, being a point on the north right of-way of Baxter Lane, from which point the southwest corner of Section 35,T1S,'R5E, P.M.M., bears S 01° 24' 51" W 30.00'feei to the south section line of Section 35, Thence N 89' 08' 05"W, 561.08 feet along the south section line of Section 85, said point of beginning-,Thence,;from said point of beginning, N 01° 24' 48" E, 20,00 feet along the west line of said;tract; Thence, S 89' 08' 05" Ej 330.20_feet to the east line of said tract;.Thence, S 00° 51' 55"W,:20.00 feet along the east line of said tract to the north right-�of-way:of Baxter Lane; Thence, N 890 08' 05" W, 330.39 feet along,the north right of-way of Baxter Lane to the point of beginning, and containing 6606 sgft, more or less and as shown on Exhibit A. All improvements are the property of the CITY OF BOZEMAN, rerno.vable.at its option. The failure of the GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right: The above named Grantor hereby covenants with the CITY OF BOZEMAN that said Grantor has good title to the above-described tract of land and covenants that the CITY OF'BtOZEMAN-shall have quiet and peaceable possession thereof;_and shall have a free and unrestricted right to maintain,said facilities:as long as the right-of:way of which thiseasement area is a part, remains a,public way. CITY OF BOZEMAN PROJECT NAME!BAXTER LANE ROADWAY IMPROVEMENTS Parcei.5-1 PROJECT 4524.11402,01 Page 1 o€4 RONAL,D J. B. KE ROBERT E. BREKKE ACKNOWLEDGMENT OF GRANTORS STATE OF A4,gklto ) )ss County of ` �/f A ) On this Yf4day of f4/1 20/,4, before me, the undersigned, a Notary Public in and for the said State, personally ap ared the Grantor, Ronald J. Brekke, known to me to be the identical individual who executed the foregoing instrument, who acknowledged to me that each individual executed the same as the free and voluntary act of said company, with full authority to do so and with full' knowledge of its.contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my-official seal is day and year above written. SS ep y q, ANTHONY GA050 Notary Public 4 aRIjt o for the State of Montana Notary Public in and for the State of 9 Sta:A '��;` Bozeman;ng at, My Commission Expires;P Montana My Commission Expires, January30,2019 STATE OF // )Ss County ofl1 ) On this 2 of day of 20,L before me, the undersigned, a'Notary Public in and for the said State, personally appqAred the Grantor, Robert E. Brekke, known to rre to be the identical individual who executed the foregoing instrument, who acknowledged to the that each individual executed the same as the free and voluntary act of said company; with full authority to do so and with full knowledge of its contents, for the uses and purposes therein mentioned IN WITNESS WHEREOF' I have.hereunto set my hand and affixed.. off' al seal this day and year above written. FTA) ANTH©NY GADDa llotary Public for the State of tvjontaria Notary Public in and.for the State of Residing at; My Commission Expires:Bozeman, MontanaMyorr�mission Ex fires: January20,20,19 x CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 5-1' PROJECT#:4524.11402.01 Page 2 of 4. CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, Grantee herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby accepts for pubiic purposes; the real property, or interest therein, described in this instrument and consents to the recordation thereof. CITY OF BOZEMAN Date: By: Chris Kukulski City Manager ATTEST: o; By Robin Cz ug.h City Clerk , " r STATE OF MONTANA } )ss: County of Gallatin ) The foregoing instrument was acknowledged before me this T4- day of 201!�by Chris Kukuiski and Robin Crough, known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to this instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman; IN WITNESS WHEREOF, i have hereunto set my hand and affixed my official seal this day and year above written: Rt MtCHALSoN Notary Public in and for the State of Montana goo Notary Public My`Commission Expires: LA&i� ct� the state of MontanaRcsidin9 ate. ozeman,Mantiana Commission,Expires:.March i 0,2020 S CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 5-1 PROJEtU.452�,11402 01 Page 3 of 4 \\\\ \ Curre towner: , lv�\ \ and Robert 3006 Baxter Lane \\ ozemari MT59715 \\ \=\ \ \\\\\\\\\\1\\\\ SEG,_36,T1S ti5E\.,\, \\\��\\' s \L1 N 01�2rt'h8' E,20.001 \�L2 5 89,08,051,E,330,20 FEET \ \'L3 S 00'51'55"W,20,00 FEET °L4 N 890 08'05"W,33039 i=E gPERTY \'EXiST114 '\\ \ \ PARCEL 5-1 PUE \\ \ ,; NEW PUBLIC USE \\ \*\ \\ \v \\\\\\.\\ ,\\ \\' \\ \ A\ \\\ \A\ \\ \A\ \ \\ \\ 17 , RJW Legend. /f Existing Easement New Public Use Easement as a sff iae �rater Area Remaining N', A publlc use easement to the City of Bozeman, a tract of land JocaW. In t(foVY2F%2SWY4$WY4 of Section 35 71S,RSE,M.P.M;a Gallatin County,Montana,more particularly deseribed as follows', Beginning at the southwest corner of the easement herein described, being a point on the north right-of-v ay of Baxter Lane,from which point the southwest:corner of Section 35,T1S;R5E,P,i+ JA., bears S 01"24`51"W 30,001eet to the-south section Einelof Section 35,Thence N 89° 08'05"W* 881.08 feet along the south section line of Section 35, said point of beginning, Thence,,from said. point of beginning, N 01°24'48"E,20.00 feet along the west line of said tract;;Thence, S 0'08'05" E,330.20 feet to the east line of.sald tract,"thence;S 00'61'55"W,20.00 feet along the east line of said ftact to the north rlghVoffway of Baxter Lane, Thence-; N 89'08''IF"W33t 39 feet along the north right-ofmay of Baxter Lanza to the point of beginning,,and coritalraing mo$ scgrt,rrccre or less Wa Right Of red for Bixrcr Lana and: - - �Exe+su•,zns . "� � X Required 4 k,_.f- �a�+sL�naFoadi�aytrsaprpv�mr=nts is C9 L Lily(if B WtHt[afata,tpri,r a' EXHIBIT A r _a e_a sxt saai PARCEL&I Page 4 of 4 M014T'AhlM""1I1'rd C3F�1~f�#• — 1 PLATTED Return to DOWL 25492i3 /2016 12:19:32 Phi Fee: $21.00 2090 Stadium Drive. CharIIIIIIIl1otte 11111111111111111111111111IN111111111HII1111111111111II111111111111111IN1111 Mzsc Bozeman; MT 59715 Q PROJECT NAME;BAXTEl LANE: ` CITY OF BOZEMAN ROADWAY IMPROVEMENTS � 3 Engineering Division Public Works Department PROJECT#: 4624.11402.01 PARCEL M 5-2 TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT THE GRANTOR(S), RONALD J. BREKKE,AND ROB ERT E. BREKKE;whose address is 3005 Baxter J Lane, Bozeman, MT 59718, as owners of thel property described below, and itsAheir successors and assigns for good and valuable consideration, conveys and warrants to; the CiTY OF SOZEIV[AN a Municipal Corporation of the State of Montana, with offices ati 121 North: Rouse Avenue, Bozeman.. Montana 59715, Grantee and to its successors and assignees, an unrestricted Temporary Construction Easement,over,and across the following described real estate; A temporary construction easement to the City of Bozeman, a 'tract of land located in the W%E%SWY4SWY4 of Section 35; T18, R5E, M.P.M., Gallatin County, Montana, more particularly described as follows and as shown on Exhibit A; Beginning at the southwest`corner of the easement herein 7 described,,being a'point on the north right- .of-way of Baxter Lane,from which point the southwest corner of Section 35, T1S, R5E, P.M.M.,.bears S 01' 24' 61" W, 50.00 feet to the south section line of Section 35; Thence N 89° 08'. 05"W, 661'i08 feet along the south'section line of Section 35 said point of beginning; Thence, from said point of beginning,.N 010 24' 51" E, 20.06 feet along the west line of said tract; Thence,S 899 08.' 19"E 89.26> feet; Thence, N 140 5T 51"E, 41.23 feet, Thence; S 890 08' 19 E, 108.09 feet;Thence; S'130 10'29" E, 41.23 feet;Thence,.S 89'08' 19" E, 112,15 feet to the east line of said tralct;z Thence, S 009 51'41" W, 20.08 feet along the east line of said tract to:the north right-of-way°of Baxter Lane; Thence, N 89" 08, 05" W, 330.20 feet along the north right-of-way of Baxter Lane to the point of beginning, and containing 11,344 sgft, more or less and as shown on Exhibit A; delineated as to said,tract of land on the exhibit attached hereto and made a part hereof as Exhibit A.of this instrument and designated as Parcel 5-2. Said parcel, containing 11,3.44 square feet, more or less, is hereby provided to the CITY OF- BOZEMAN,,for the purpose of constructing and/or improving a public street, highway,walkway; trail and/or electric, telephone or telecommunications, gas,water,sewer; drainage, or other utility transmission or distribution facilities as necessary for the Baxter Lane Roadway improvements Project; Upon completion of said project for which access is hereby provided;;the CITY OF BOZEMAN:.shail restore the property as nearly as passible to its original condition. The CITY OF BQZEMAN agrees to hold Grantor harmless from any and all;liability that may result or arise from the exercise of the rights granted hereby. 'CITY OC BOZEMAN*. PROJECT NAME:BAX.TER LANE ROADWAY I(VlPROVEMENT& Parcel 5-2 PROJECT#:4524 1'1402.01 Page 1 Of 3 The Grantor hereby covenants with the CITY OF BOZEMAN that the Grantor has good title to the above- described tract of land, and covenants that the CITY OF BOZEMAN shall have quiet and peaceable possession thereof and use thereof during:the period of the Temporary Construction Easement. This Temporary Easement is in effect for a period beginning the 1st day of construction on the property; and ending two (2) years later, at which time this easement shall expire and be of no force and effect, A release of easement will be recorded at the conclusion of the project ONALD J. Btf KE ROBERT E. BREKKE ACKNOWLEDGMENT OF GRANTORS STATE OF County of W44' ) ss On this 2.0 day of 20Z6, before me, the.undersigned, a Notary Public in and for the said State, personally appdared the Grantor, Ronald J. Brekke, known to me to be the identical individual who executed the foregoing instrument, who acknowledged to me that each individual executed the same as the free and voluntary act of said company, with full authority to do so and with full knowledge of its contents; for the uses and purposes therein mentioned. 1N WITNESS WHEREOF; I have hereunto set my hand.and affixed my official seal this day and year above written. ot4v0 ,r ANTHONY OADDO •` o Notary Public ICE_.-�,o-(ARI j Q±for the State of Montana * Bedding at. N` p� ubiic in and for the S SF.A,I Bozeman, Montana fate of b My Commission Expires: lira l *� my commission Expires: ),,,,,,� January 30,2019 STATE OF-1 ) )ss Countyof. On this 2Y—A day of P"40 20 l,/before me, the undersigned, a Notary. Public in and for the said State, personally a the Grantor, Robert E. Brekke, known to me to be the identical individual who executed the foregoing instrument;who acknowledged to me that each individual executed the same as the free and voluntary act of said company, with'full authority to do so and with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day,and year above written.. pss , ANTHONY GADDO Notary Public Y��ynTARl;1 .y for£he State of Montana. residing at: NbtaTSFPublic in and for ate--ef /r Gtrn IPM Qozcman, Montana My Commission Expires. _J �0 •9;kvrMa? ' My commission Expires: January 30,2019 i CITY OF BOZEMAN PROJECT NAME:BAXTER LAME ROADwAY IMPROVEMENTS Parcel 5-2 PROJECT#:4524.11402.01 Page 2 of 3 \\-oCiirrent£i�vnar �`�� `N\\�� IN ` .\ \ \\ RaberldE.Brekice J. attd ti� ��` \ N, N, \ \\1'3005 Baxter Lane IN N, � N ' \ `\\\N,Sozeman,NIT 59715 `��\\� N \ e \ \\ t\�\\\ wEC.35,T18,R EF \\ h101 24'51'E.,20'06FEE-t NIN~• \\'\\L2 S 89"OW19"E,8.9.25 FEET \�>\L3 N1il'5T51"E,41.4FEET \\"'\L4 S 89'08'19"E,108.00 FEETN. \\\\L5 S W 10`20"E,41,23 FEET \ \\\L6 S 8W 08'19"E,112.7.5 FEET �; vv��V S 00'51'41"A 20.08 FEET v.a \AN,\L8 N 89'08'05"W,330,20 FEET \\\\\\ \\\\EXISTtNC . ° ' \ \` \ \. \\PINE ROPERTY,\.\ \\\. IN ', \NN\\\\ \ .\ r \�\�` \`EXISTING `�.\\\,4\\ N,N, ' N,IN, ` \'EASEi1AENT AN, \N,`\t y\\ N, \ \N, \\ \\ NI PARGE 52TCE\ `` ..`\\tea IN NOwt� ------------- �. - ff iW//M f fM fBrAXTER fA�hE� ` RAN Legend Existing Easement New Temp.Const.Easement, sa, o zw too .«. Area Remaining A temporary construction easement to the City of Bozeman; a tract of land located in the VN%EYSW�SWM of Section 35 T1S. RSE, M.P.vi., Gallatin County, Montana, more particularly described as follows; Gegihning at the southwest corner of the easement herein described, being a point on the north right-of-;lay a;'Eaxter Lane,from which paint the southwest corner of S6.tlor1 35,T15,R5E,F'.tvt.fvt., beats S 01'.24'61"W 50.00 fleet to the south section line of Section 35,Thence N 89° 661.08 feet along the"MAO section line of Section 35, said point of beginning, Thence, from said point of beginning,N 01'24'51"E,26.06 feet along the vilest fine of said tract;Thence;S 891 OW 19" E,89.2G feet,:Thence.,M 1 d'S3'51"E,41.23 feel;Thence,S•8J'OB!19"E,108,00 feet',Thence, S 1$'10'29">,41-.23 feet,Thence,S 89 O8' 19"E 112.75 feet to the east line of said tract;Thence,: S OW 51'41"VV,20,08 feet along the east line of said tract to the north right-of-way of Baxter Lane; Thence, N 89'68105"W. 33020 Feet along the north right-O-Waj of Baxter i ana to the point of beginning,and containing 11,344 sgtt,more or less. Right of Way 9 Re aired for Baxter Cane and: CAT vtxr s Davis Lane Roadway improvements D o L OkYof iernan,Mntana• EXHIBIT A PARCELS-2 Page 3 of 3 S S. �,�a�'B°�0 PROJECT NAIViE BAxr>=R LANe� CITY OF BOZEMAN RQA�WAYIIitfPRQVMENTS. t * Engineering Division, p} pJEC7 # 452 Public Works Department 4 91402 01 PARCEL# 6 1 and 6 2 =a MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT AGREEMENT has been reached this Lj day of L ;a/-. , 20 ,between JAiVIES DRUMMOND AND ELIZABETH A. DRUMMOND, as joint to ' nts, the owner(s) of the east half of the east half of the southwest quarter of the southwest quarter of of Section 35, Township 1 South, Range 5 East, M.P.M, Gallatin County, Montana, hereinafter"seller(s)" and the; CITY OF BOZEMAN hereinafter "Purchaser for the purchase of said property interest($). The amount to be.paid and other considerations to be given in full satisfaction of this Agreement are follows: Public Use Easement(Parcel.6-1); $ 12,252 Easement area; 6,614* (sgft) Temporary Construction Easement (2 year time period, Parcel 6-2) $ 4,256 Easement area: 10,913 (sgft) Cost to Cure'. $ 10,480 Total (rounded), $ 27,000` See Figure 1 attached Other Conditions: . 1. Taxes and Special Assessments, if any, delinquent from former years, and Taxes and.Special Assessments for the current ear, if due and/or payable, shall be paid by the seller or-sellers. 2. This Memorandum embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there,are,no promises, terms, conditions or obligations referring to the subject' matter hereof, other than as contained herein, _ 3. The seller(s) hereby agree(s) that the compensation herein provided to be paid includes full compensation for their interest and the interests of their life tenants, remaindermen, reversioners, liens and lessees, and any and all other legal and equitable interest that are or may be' outstanding and said sellers agrees to discharge the same. 4. THIS AGREEMENT shall be deemed a CONTRACT extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representative, successors and assigns of the.parties, only when the same shall have been approved.by the City Manager on behalf of the Department of Parks and Recreation; 6. The property transfer shall be effective upon acceptance by Purchaser, evidenced by the execution of this A reement by the CITY OF BOZEMAN and`payment of the purchase price. Of the total amount of compensation hereinabove agreed upon; the sum of $27.000 shall be paid upon execution and delivery. of a good and sufficient: Public Use-Easement, M,Temporary Construction Easement, and the balance of the compensation, amounting to $ 0.00 shall be paid upon compliance by the<seller(s)with the terms hereof: CITY OF BQ.ZEMAN PROJECT NAME:BAXTER LANE ROA01NAY IMPROVEMENTS Parcel 6-1 and 6-2 PROJECTM-4624.11402.01 Paget of 3 Disbursement of funds will.be made in the following manner: Seller(s) Amount of Payment James Drummond and Elizabeth A. Drummond $27,000 The Sellers)certify that there are no known hazardous materials on the property. The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. JAMES_DRUMMOND`AND ELIZABETH A. DRUMMOND. Date: r Jafnes Drummond � � Date: Elizabe At�Drummond �( CITY QE BOZEMAN 'Bp:"Ghris:Kukulski City Manager ATTEST: Date: 2" By: &taeYttfmrt' e +rl" ttic416St "T4+,,i -city Cierk CITY OF BOZEMAN PROJECT"NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 6-1,and 6=2 PROJECT'#:4524,11402',01 Page 2`of 3: Current Owner: James Drummond and �liisbeth A<Clrummo�d 2921 Balder Lane Bozeman AA C 59715 y - EXISTING PRO?ERTY LINE r' 3 PARCEI:6-2 TCE. NEYU TEPtPORARY RARGCt 64 PUE OCENST42t TON NE1�J RLi UG USE EASEISEN7: EASE7utEldl" EXtS 1NG EASEMENT ' +! riMrIEGENb.- . ��NEti A.Es<EY7 E CITY OFB0ZFJAA+1ANVIACQUISITION -414 :��ai;>>, urn, txfs-u�u�nan rc vNhY.lc a Erl'rk4? Sala P's-t .—,� _.�fYi tra Pi:YlS� AE{TESI Gfai2rrf F.3? f�'1T a'e37 - eXiri'Y r7.APE.+iY>'U{iE- ___..e�._..�..--.... 106 -_____ ... ---..__.___ � 9Clllrr'kl� -.... •• ti£{hT44hNJ�tfY[AH 7+�Ii iCgi':iF,zA:�7:5'R I,. RIGHT OF my REdUIRED FOR BAXTER LANE AND PROJECT 4624A140201 DAVIS LA14E ROADWAY IM ROVEt��?ITS pA t 12fz1r�B i '4� '1=1 W L CITY OF BOZEMAN,Zv ONTANA: x sa a axc.noxw,.rte, F�ARGfI6 1. Fogs of 3, i MT rr.�w . 0RR 2545243 Return t0: °asei t of 7 p6/9B/2Q16 12 40:37 pM Fed: $49.pp DOW Chariotfe Mills Gallatin Count MT MISG 090 I1111111111111lf111111111II1111111IN1111111111111111111111111111111111111111111111111IN 2090 Stadium Dove Bozeman, MT 59715 ,������ PROJECT NAME:BAXTEF2 LANE " CITY OF BOZEMAN ROADWAY IMPROVEMENTS >" r Engineering Division PROJECT#: 4524A 140.01 Public Works Department PARCEL M 6-1 ._ PUBLIC USE EASEMENT PUBLIC USE EASEMENT THE GRANTORS), JAMES DRUMMOND AND ELIZABETH A. DRUMMOND; as jotnf tenants, whose address is 2921 Baxter Lane, Bozeman,:MT 59718, for and in consideration of Ten and:No/100- Dollars, and other valuable consideration, in hand paid, conveys and warrants to the CITY OF BOZEMAN a Municipal Corporation of the State of Montana; with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors or assignees, a.perpetual, full and unrestricted easement.and right-of-way in, over,under, along, through, and across the foil owing-described tract of land located in Gallatin County„ Montana: A public use easement to the.City of Bozeman, a tract of land-"located in the east half of the east half of the southwest quarter of the southwest.quarter of of'Sebb $5, Township 1 South, Range 5 Eas 11 t, M.P.M; Gallatin County; Montana,.more particularly described as follows and as shown on Exhibit A; Beginning at the southwest corner•of the easement herein described; being a point on the north right- of way of Baxter Lane,from which point the southwest corner of Section 35, T1 S, R5E, P,M.M., bears S 000 51` 55"W, 30.00 feet to the,'south.section line-of Section 35; Thence N-89' 08' 05"'W, 991 76 feet along the south section line of Section 35 said point:of beginning;Thence, frorn said point of beginning,. N 000 51' 55" 1 , 20.00 feet along the,west-line of said tract; Thence, S W 08' 05 E, 330.6$ feet to the east lute of said tract;;Whence. S 0V 51' 55" W, 20.00 feet along the east line of said tract to the north right-of-way.of Baxter Lane; Thence, N 890 08' 05" W, 33068'feet along the north right-of-way of`Baxter Lane to the point of beginning, and containing 6,614 sgft, more or less and as shown on Exhibit A. All improvements are the property of the CITY OF BOZEMAN, removabie,.at its option. The failure of the GRANTEE to exercise any of its rights granted herein shall not be construed as a'Waiver or abandonment of the right. The above-named Grantor hereby covenants-wlth the CITY OF BOZEMAN that said Grantor has good title to the above-described tract of land and covenants that the CITY OF BOZEMAN shall have quiet and peaceable possession thereof, and shall have a free and.unrestricted right to maintain; said facilities as long as the right-of-way'of which this easement area is a part; remains.a.public way.. CITY OF BOZEMAN PROJECT NAME;BAXTER LANE ROADWAY IMPROVEMENTS Parcel.$=1 PROJECT#:404:11402.01; Page 1 of 4 Dated this 1 day of . c 20 PES DRUMMOND ELIZABE'PA. DRUMMOND r ACKNOWLEDGMENT OF GRANTORS STATE OF t kT } )ss' County of C�,-i On this 0 day of P\'w'� 220 1+r before me, the undersigned, a Notary Public in and for the said State, personally appeared the Granters, James Drummond and Elizabeth A. Drummond; known to me to be the identical.individuals who executed the foregoing instrument, who acknowledged-to me that each individual executed the same as the free and volIuntary act of said company, with full authority to do so and with.full Knowledge of its contents, for the uses and purposes therein mentioned'. IN WITNESS WHEREOF, i have hereunto'set my hand.and affixed my official seal this day,and year above written. CLAIRE PERRONE ti {)l� ROy; Notaty Public — Notary P U.'NOTnrtr,4 <" for the State of Montana ublle�iCl and for the State of Residing at; My Commission ERpires: Bozeman, Montana Mou, My Gomrnission Expires: October01 2017 CITY'OF 8OZEMAN PROJECT DAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel l-1 PROJ>*3#:4524.11402.01 Page of 4 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, Grantee herein; acting by and through its City Manager and City Clerk for the City of Bozeman, hereby accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof. CITY OF BOZEMAN Date: " ' i By: Ghfils.�fski A6,S"C'.City Manager f . ATTEST: . o 'J P By: Stazy-1614m err ea r L � r v-�4=e: r^City Clerk jE'rE STATE OF MONTANA ) County of Gallatin The foregoing instrument was ackpowledged before me this aY of 20tVby Chris Kukulski and , known to me to be the City/Manager and City Cleilk for the Ci#y of Bozeman and the persons whose names are subscribed to this instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto. set my hand and affixed my official seal this day and year above written. a4wazJ ` �6THq'>., CORIE THOKAAG Nota Public in and for the Sta e of ontana Vo NotaryP0011c M CommiSSion �x ices: �yo7ARtg4. for the State of Montana y p , * Residing at: ;,p' SEAT 'ae Belgrade, Montana My Commission Expires; June.19;201.9 CITY OF BOZEMAN PROJECT NAME;BAXTER LANE ROADWAY.IMPROVEMENTS Parcel 6-1 PROJECT#:4524.11402,01 Page 3 of 4. \\ \ \\\\ Current Owner, \ \\4\\James Drummond and , Elizabeth A,Drummond 4\\\4 \,,2921 er Lane ',Bozemant fvlT 59715 \\\\ 8E� 8 W7435 T1.9 R E 4 L1 N 60''51'55`E,20.00 FEET \`L2 8 890 08'W E,330,68 FEES' `y \ -3 S 00 51'65'W,20.00 FEET tip. W 0810511 W,330.68 FEET ON 1STIN'G' \ EMENT \ \44\ IEVPtJBU USE N\ \\EASEMRN v\�vA\ yA� .vv\2 �yvvv \V4` � _ , RiW�Le end Existing Easement New Publio Use Easement so t} Ind Area Remaining scu e a re' i A public Use easement,to the City of Bozeman, a tract of land located in the,EY2E}SMISWI of Section 36,T1S,R5E;h J,P,M1,t atlatin County,Montana,more parilcularly described as foliovis Beg,!Ming at the southwest corner of the easement herein described, being a punt on the north right-of-way of Baxter Lane; from which point the southwest corner of Section 35, T1S, R5E, 1'-tk1.M.,bears S 00'51'55'1ri+,30.00 feet t6 the soutH section line of Seatioz '35;Thence N 89'08' 05"W,991.76 fee#alonr0 tho south Section ling of Section 35,Said point of Nglnnlnrq;Thence;from said point of beginning, N 00*51'.65'E 20.00 feat along,the west line of said tract;`Chance,S 89 08'fly"E,330.68 feet to the east line of said tract;Thence,S 00°51'55"All X00 feet along the east line of said tract to the north right-of-way of Baxter Lane;Thence,N 89108'05'WV,330,68 feet' along the north right-cif-way of Baxter Lane to the point.of beginning, and containthq 61614 soft,; more.or ixss,: _ RigCt 4tA Wa ReruiradfoSOoAaL6neand v cr,sxc:,zei 1s;lane Rmidway mprrnenents n t, city of Bo:flm<_n,Mgn,L a EXHIBIT A c sa ms o-: a-ri5 PARCEI-6-1 P ge+f Of=#. Return to DOWL 2090 Stadium Drive Bozeman, MT 59715. PROJECT NAME: BAXTER LANE' w: CITY OF BOZEMAN ROADWAY IMPROVEMENTS Engineering,Division PROJECT#: 4524.114,02.01 r Public Works Department PARCEL#;6-2 rjN��o Q TEMPORARY CONSTRUCTION EASEMENT TEMPORARY.CONSTRUCTION EASEMENT THE GRANTOR(S), .TAMES DRUMMOND AND ELIZABETH A. DRUMMOND, as joint tenants; whose. address is 2921 Baxter Lane, Bozeman, MT 59718,,as owners of the property described below;and its/their successors and. assigns<for good and valuable. consideration, conveys and warrants to the CITY OF BOZEMAN,a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue,, Bozeman Montana 5971.5, Grantee and to its successors and assignees, an unrestricted Temporary. Construction Easement,over, and across the following described real estate; A temporary.construction_easement to the City of Bozeman, a_tract of land located in the east half of the east half of the southwest quarter of the southwest quarter of of Section 35,,Township 1 South; Range 5 East, M.P.M, Gallatin County, Montana, more particularly described as follows and as. shown on Exhibit A; Beginning at the southwest corner of the easement herein described, being a point on the north right of-way of Baxter Lane, from which point the southwest corner,of Section 35,T1S, R5E, P.M.M., bears S 00" 51' 55 W, 50 00 feet to the south section,line of Section 86; Thence N 89�.08, 05" W, 99;136' feet along the south section line of Section 35; said point of beginning; Thence, from said point of beginning, N 00' 51 56" E, 20.08 feet along the west line of said tract;Thence S 80 08'05" E, 14.25 feet; Thence,;'N 16 48'244"E, 36,40 feet',:Thence, S"89 QT 19'E, 112:00 feet; Thence, S 150 05'S2"' E, 36.40 feet;,Thence; S 89- 08' 19"E, 184,43.feet ta the east,line of said tract; Thence, S 000 514 54" W,2010 feet along the east line of said tract to the north right_-of way of Baxter Lane; Thence, N 890 08` 05" W, 330.68 feet along the north right-of-way of Baxter Lane to the; point of beginning, and; containing 10,913 sgft more or less and as shown on Exhibit A; delineated as to said tract of land on the exhibit attached hereto:and made a part hereof as Exhibit A of this instrument and designated as Parcel 6-2. Said parcel, containing 10,913 square feet; more:or less,is hereby provided to the;CITY OF BOZEMAN, for the purpose of constructing and/or'improving a public. street, highway,Walkway, trail and/or electric, telephone or telecomrraunications, gas,water, sewer, drainage; or other' utility transmission or distribution facilities as necessary for the Baxter Lane Roadway improvements Project. Upon completion of,said project for which access is hereby provided; the CITY OF BOZEMAN shall restore the,property as nearly as possible to its.original condition. The CITY OF BOZEMAN agrees to hold Grantor CITY OF DozEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel&-21 PROJECT#:4624_1141 .bil Page 1 of harmless from any and all liability that may result or arise from the exercise of the rights granted hereby, The Grantor hereby covenants with the CITY OF BOZEMAN that the Grantor has good title to the above described tract of land, and covenants that the CITY OF BOZEMAN shall have quiet and peaceable possession thereof and use.thereof during the period of the Temporary Construction Easement. This Temporary Easement is in effect for a.period beginning the 1st day of construction on the property, and ending two (2) years. later, at which time this easement shall expire and be of no force and effect. A release of easement wi11 be recorded at the conclusion of the project. Dated this L day of >b ,,, 20 ,J�M S DRUMMOND ELIH A. DRU.MMOND ACKNOWLEDGMENT OF GRANTORS STATE OF r ) ) ss County of r';r �c�� ) On this t1 day of A- , 20 t^�before me, the undersigned, a Notary.Public In and for the said State, personally appeared the Grantors; James Drummond and' Elizabeth A. Drummond,. known to me to be the identical individuals who executed the foregoing instrument, who acknowledged to. me that each individual executed the same as the free and voluntary act of said company, with full authority.to do so and with full knowledge of its contents,for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. \1111IIj CLAIRE PE)IRONE Notary public :for the State of Montana ��tC1• `� 4�_•�;LiLs,__: Resfdirig t; Notary Public in and for the State of Bozeman, Montana My Comriiissiorr-E-xpires > oFMp F` My Commission Expires, `f1111, 0ctobr01,2Di7 CITY OF BOZEMAN PROJECT NAME-BAXTER LANE ROADWAY IMPROVEMENTS: Parcel 6-2 PROJECT#:4'524 1140101 Page 2 of 3 _. \0James Drummondand \\-ElfzabethA.Drurrimond 2921 Baxter Lane Bozeman,MT 59116 SFC.35,T1%R6E NpfJ°51'55"E,26M FEET ���\ S 89°08'05"E,14.25 FEET \\ 3 N i$*48'24"E,36.40 FEET \15 S 15°05'02"E,36,40 FEET \ \ \\,-6 S 89-08'19"E, 984A3 L7 S 00*51 54"W,20.10 FEET \\\L8 N 89'08 06"W 330.68 EEXISTING N IzT \PROPERTY_\� \\ \\`EASEMEM `\\\\ \PARCEL6-2"TGE \1VEW?EMP.CONST, \t.tS1 MENft %\\ \ 1'Q E'� RJW Legend existing Easement bo T°�---.___tea New Temp.Cont.Easement �'®�scat±a FM Area Remaining A public use easement to the City of Bozeman, a tract of land located in the EX.FY284NY�Sln A of Section 35,T1S,R5E,TA.F.fvt:,Gallatin County,Montana,more particularly described as follows, Beginning at the southwest corner of the easement Iierein described, being a point on the north right-of-way if Baxter Lane, from which point the southvrest corner of Section 36, T191 R5E,, P.M.M., be S 001 51'S5'Virg 50.0o feet to the south section line of Sectfon 35,Thence N 89'08' 991.76 feet along the south section line of.Section�5,said paint of beginning,Thence,front said point of beginning,N 00'61'56"E,,20.08 feet alone the west line of said tract;Thence's 8V 08'05"E, 14.25 feet;Thpnce, N 16'48'24"E, 36.40 feet; Thence, S 897 08' 19"E; 112.00 feet, Thence, 5 151 05'02"E 35.40 feet;Thenee, S 89" 08'19"E, 184.43 feet;to the east line of said tract;Thenw S 00°611 541 W,29.10 feet along the east line of said tract to the north rlyht of=way of Baxter Lane,,Thence-,N 89"08'p5"W,830.58 feet along the north right-of-Way of Baxter Lane to the;baint of Beginning,and containing 10-913 stift,snore or less, RightetWay11cmilred for taxctertaWar? Davis Lane Rnadioy Improvements ;1 7�ihl i Oily nt nezentar i mantsm EXIT IBIT A4 jm Dl �:�:>2 ;t PARCEL 5-2 page 4 of 4 avast-��.. 9 , o�$° ,yr PRO ECTi.NAME.BA ttk LANE y CITY OF BOZEMAN- ROADWAY IMPROVEMENTS Engineering Division PROJECT'# �52411402 01 Public Works Department rfi 88 PARCEL M 7 1 and 7 2 MEMORANDUM OF AGREEMENT MEMORANDUM UF AGREEMENT AGREEMENT has been reached this r'/' day of. 4^ 201k, between RONALD K. LEWIS AND,JANICE E. LEWIS, as joint tenants, the own r(se ) of the west half of the west half of the southeast quarter of the southwest quarter(W%W%SE%SW%) of Section 35 Township 1 South,Range 5 East, M.P.M, Gallatin County; Montana, hereinafter°seller(s)" and the CITY OF BOZEMAN hereinafter "Purchaser'for the purchase of said property interest(s). The amount to be paid and other considerations to be given in full`satisfaction of this Agreement are as follows: Public Use Easement(Parcel 7-,IT $ 12,267' Easement area: 6,622*, (sgft) Temporary'Construction Easement (2 year time period, Parcel 7-2); 31226 Easement area: 8,273* (sgft) Cost to Cure: $'. 6580 Total (rounded) 22,100 `See Figure 1 attached Other Conditions: 1. Taxes and Special Assessments, if any, delinquent from former years; and:Taxes and Special Assessments for the current vear, if due and/or payable,shall be paid by the seller or sellers. 2. This Memorandum embodies:the whale Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms,conditions or obligations referring to the subject matter hereof,other than as contained herein: 3. The sellers) hereby agrees) that the compensation herein provided to be paid includes full compensation for their interest and:the interests of their life tenants, remaindermen, reversioners,. liens and lessees, and any and all other legal and equitable interest that are` or may. be outstanding and said seller(s)a fees to discharge the same:_ 4. THIS AGREEMENT shall be deemed a CONTRACT extending to and binding upon the parties.' hereto and upon the respective heirs; devisees; executors, administrators, legal representative, successors and assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Departmernt of Parks and Recreation. 5. The property transfer shall be effective upon acceptance by Purchaser, evidenced by,the execution, of this Agreement by the CITY OF BOZEMAN and paymentof the purchase price. Of the total amount of compensation^hereinabove agreed upon,the sum of $22,100 shall be paid upon' executions and delivery.of a good and sufficient: N Public Use Easement, N'Temporary Construction Easement, and the balance of the compensation, amounting to $ 0.00 shall be paid upon compliance by the sellers)with the terms hereof: CITY OF BOZEMAN. PROJECT NAMF;BAXTER LANE ROADWAY IMPROVEMENTS Parcel 7-1 and 74 PROJECT#:4524,11402.01 Page! of 3 Disbursement of funds will be made in the following manner: Seller(s) Amount of Payment Ronald K. Lewis ana Janice E. Lewis $22,100 The Sellers}certify that there are no known hazardous materials on the property. The terms of this Agreement are understood and .assented to by us and payment is to be made in accordance with the above. RONALD K. LEWIS AND JANICE E. LEWIS Date: rC- Ronald K. Lewis �' -:- Date: Janice E. Lewis CITY OF BOZEMAN r Date: I Jb ]FeQ--By7 Chris Kukulski City Manager ATTEST; r ' ~ Date: /2 l By; 6lui �tn2l %�; --�-� -- `T;14zrta-- City Clerk ijNi c0..,,w CITY OF BOZEMAN` PROJECT NAME:BAXTER,LANE ROADWp`(N1PROVEMENTS Parcel 7-1 and 7-2 PROJECt*4524.11402.61 Page 2 of 3 Gurrenl t3wnet' x Ronald}{.Lewis and Janice E.Lewis 84Z£:t75en flAT 58798 ';�°-� r EXISTING PRdPERTY LINE PTCEL fi•2 TC NEWTEMP6RARY GQNSTRUCTION £�� PARCEL 7-9#�1JE NEw PU9LfC USA EXlS71Nc�EASEPAEM` EP.SEMENT . SAXTER LANE CITY OF BOZEMAN RiWACQUISITION t.o'FiEAtted`i57.�."cstfitf £F77 T .. RIGHT OF WAY REQUIRED FOR 13AXTER I-ANEANp PROJECT ^_452d.114 l2,OI bb 011 LANE,ROADWAY IMPROVEMENTS DATE iv2f 2o1 CITY OF 8PZEMAN,MONTANA. 1 d O: L PAFtGEL7 FiGl.1RE 1 PLATTED �lifl[dTANA?1'r�ANta��f�S� Page: 1 of 7 �i51316112 6 12:g0;37 PM Fee: 244 Return tfl: Cfaarlotte Mills - Gal lak'n Gounky, Mt $4 ISC oowL 11RN1111111,III Ill,111,11!Illllf IIII Illl iI1111I(I�IIIII(llllll 111 lull il�ll Illll till IIlI 2090 Stadium Drive Bozeman, MT 59715 ° v L, PROJECT NAME `BAxzER LANE CITY OF BOZEMAN ROttDWAY IMPkOVEMENTS`. Engineering Division PROJECT# 4524114U2.U1' _ as Public Works Department PARCEL#:7-'1 PUBLIC USE EASEMENT PUBLIC USE EASEMENT THE GRANTOR(S), RONALD K. LEWIS AND JANICE E..LEWIS, as joint tenants, whose address is 2875 Baxter Lane, Bozeman, MT 59718, for and in consideration of Ten and No/100 -Dollars, and other valuable consideration, in hand paid; conveys and warrants to the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana` 59715, its successors or assignees, a perpetual, full and unrestricted easement and right-of-way in, over, under, along, through, and across the following-described tract of land located in Gallatin County, Montana: A public use easement to the City of Bozeman, a tract of land located in the west half of the west;half of the southeast quarter of the southwest .quarter (W%ZwY2SE%SW%) of Section 35, Township 1. South, Range 5 East, M.PM, Gallatin County, more particularly described:as follows and as shown on Exhibit A; Beginning at the southwest corner of the easement herein described, being a point on the north right- of-way of Baxter Lane,from which.point'the southwest corner of Section 36,T1S, R5E, P.M.M., bears S 00` 51' 5V`W, 3-0,00 feet to the south section line of Section 35; Thence N 89' 0$' 05"W, 1322.44 feet along the south section line of Section 35, said point of beginning; Thence, from said point of beginning, N 00" 51`' �5" E, 20.00, feet along the west line:of said tract; Thence, S 890 08'' 05" E, 331.21 feet to,the east line of said tract; Thence, S 01° 28' 30" W, 20.00 feet along the east line of said tract to the north right-of-way of Baxter Lane; Thence, N 89 08, 051, W, 331.00 feet along the north right-of-way of Baxter Lane to the point of beginning, and containing 6,622 sqft, more or less` _and as shown on Exhibit A. All improvements are the property of the CITY OF BOZEMAN, removable at its option. The failure of the GRANTEE to exercise any of ifs rights granted herein. shall not be construed as a waiver or abandonment. of the right. The above-named Grantor hereby covenants with the CITY OF BOZEMAN that said Grantor has good title to the above-described tract of land and covenants that the CITY OF BOZEMAN shall have quiet and. peaceable possession thereof, and shall have a free and unrestricted 'right to maintain said facilities as long as the right-of-way of which this easement area-is a part, remains a public way:. CITY OF BbzEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS' Parcel 7-9 PROJECT:452411402:0 I page 1 of 4 Dated this I day of_Y1 >l 201 RONALD K. LEWIS J� LEWIS . L AGKNOWLEDGMENT OF GRANTORS STATE OF 10d .v�, ) County of ss On this k1-day of Awl 20L)(-, before me, the undersigned, a Notary Public in algid.for the said State, personally pa peered the Grantors, Ronald K. Lewis and Janlc E. Lewis, known to me to be the identical individuals who executed the foregoing instrument, who acknowledged to me;that each individual executed.the same as the:free and voluntary act of said company, with full authority to do so and with full knowledge of its contents,for the uses and purposes therein mentioned, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. otary Public in and for the State ofd�f1 ,F My Commission Expires: 1f�ol� HoHY ANTHONY GADDU t— G , NotaryPublid t.�OTARlgt,o^for the State of Montana Residing at: Bozeman, Montana. My Commission Expires:' '' +iii, t' ' JanuaN'$0,2019 CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENT$ Parcel 7-1. PROJECT#:462411 t4021.01 Page 2 of 4 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, Grantee herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby accepts for public purposes; the real property, or interest therein, described in this instrument and consents:to the recordation thereof: CITY OF BOZEMAN 1,-,L Date: e� � �r —iW Chris Kukulski City Manager ATTEST:. 4,� By: St t T e�UU L1�Cri� lfi0111 yti,}�r,n• City Clerk L� •JF j�Ccj STATE OF MONTANA )ss_ County of.Gallatln ) 'j'r . The foregoing instrument.,was acknowledged. before me this day of 20 {Qby Chris Kukulski and St `+ known to me to be the'Cit Manager and-City Cie for the City of Bozeman and the persons whose names are subscribed to this instrument, and acknowledged to me thatthey executed the-same for and on behalf of the City of Bozeman. Q -M 10-•1-A L-:,Ojj 0 e t 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official.seal this day and year above written; ceP va ��ri"itE G�FOf�L@Y��^ � r etczaas �utls Notary Public in;and for the State of Montana for the state Of M,ontano My Commission Expires: - Residhe at, Belgrade, arxa 'q oFti4 " P: My Gommtssign&,PV �, June 19,2r1 CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS' Parcel 7-1 PROJECT#_4524.11402.01 Page 3.of 4 \\\ \\GurrentOwner:Ronald K, Janice E.Lewis 2875 end \\�\ \�\ er Lane 'Bb-zemant MT 59718: WWi2S�Y4S1NY4bt SEG.35,T13,P5E ,\ �\ 'l3 S 0 i-28'39'W,20,00 FEET ` \Lit N 89'DW 05"W,331,00 FEET 0 ,''FXISTING PROPERTY PU,,,NEWUBL \\\ENT EASFMV LZ,\ - `- _M t AXTER t.A RM Legend ' Existing Easement New Public Use Easement � Q sc rm Area Remaining sousi rem A,public use easement to the-city.of Bozeman, a tract of land Bleated in the WY2W aS5YSW%or Section 85,T1S,R5E,M,P.M.,Gallatin County,Montana,more particularly described a%follows, Beginning at the southwest corner of the easement herein described, being a point on the north right-ofway of Baxter.Lane, from: which.point the southwest corner of Saotion 35, T1S, R5>=, P,M.M., bears S 000 61'55"W,30.00 feet to the south section line of Section 35,Th.ence N 89'08' 05"'W, 1322;44 feet along the south section line of Section 35, satd point;of beginning; Thence, from said point of beginning, N 00'51'55"E,20.00 feet along the West line of said tract;Thence; S 89'08'051"E,331.21 feet to the east line raft said tract,Thence, 5 010 28'30.Wj 20,00 feet along the east line of said tract to the north right-cf4ay of Saxter Lane,•Thence, N 89'08'0$"W,339<0t1 feet.aiong the north right-ofw v of Baer Larne to the point of be tying,arid'cotstaining G,822 srift more or less. � k'r,�htot Wa•tea :�Gcti for�t%trrri»a and rm=rr <ns.+f<:ng�<_,.,4._„. Davis Lane Roadway lmpprovurnonrs Fa Cat 1 Wt pity.of B67a,Man,to ntnna EXt'I[SIT A s� x ns�drna PARCEL 71 Page a}o.4 a ,. Return t0c DOWL 2090 Stadium Drive Bozeman; MT 59715 PROJECT NAME B0T1=R Laiv>_ ��Z� CITY OF BOZEMAN ROAbWAY IMPROVEMENTS Engineering Division PRJECT:## 4524 114U2 01 , + Public Works Department PARCEL o2 TEMPORARY QQNSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT THE GRANTOR(S), RONALD K. LEWIS AND JANICE E. LEWIS, as'joint tenants, whose address is 2875 Baxter Lane, Bozeman, MT 59718, as owners of the property described below, and its/their successors and assigns; for good and valuable consideration, conveys and warrants to the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana,with offices at 121 North Rouse Avenue; Bozeman Montana 59715, Grantee: and to its successors and assignees, an unrestricted Temporary Construction Easement,over,and across the fallowing described real estate: A temporary construction:easement to the City of Bozeman, a'tract of located in the west.half of the. west half of the southeast quarter of the southwest quarter (Wl2W/ZSE%SW%<) of Section 35 Township 1 South, Range 5 East, M.P.M, Gallatin County, more particularly described as follows and as shown on Exhibit A; Beginning at the southwest corner of the easement herein described, being a point on the north right- of-way of Baxter Lane, from which point the southwest corner of Section 35 T1 S R5E, P.M.M., bears S 00° 51' 55"W, 50.00 feet to the south;section-line of Section 351.Thence N 89*08'05"W, 1322.44 feet along the south section line of Section 35, said point of beginning; Thence, from said point of beginning; N 00' 51' 55" :E, 20.10 feet along the west line of said. tract; Thence S 890 08' 19 E; 105.57 feet;Thence; N 169 48' 24" E, 36,40 feet; Thence, S 89!' 08' 19" E, 36.00 feet; Thence, S 15PI 05'02" E, 36,40 feet;;Thence, S 89' 08' 19"E, 169.86 feet to the east line of said tract; Thence, S 01 28'30"W 20.12 feet along the east line of said tract to the north right.�of-way of Baxter Lane;Thence, N 890 08' 05" W; 381.21 feet along the:north right-of:way of Baxter Lane to the point of beginning, and containing 8,273'sgft more or less and as shown on Exhibit A delineated as to said tract of land on the exhibit attached hereto.and made a part hereof as Exhibit A of this instrument and designated as Parcel 7-2. Said parcel, containing 8;273 square feet, more or less,.is hereby provided'to the CITY OF BOZEMAN, for the purpose of constructing. and/or improving a public street, highway,walkway trail and/or electric,telephone or telecommunications; gas, water;sewer;drainage, or other utility transmission or distribution facilities as necessary for the Baxter Lane Roadway Improvements Project. Upon completion of said project for which access is hereby provided., the CITY OF'BOZEMAN shall restore the property as nearly as possible to its original condition. The CITY OF BOZEMAN agrees to hold Grantor CITY OF BOZEMAN PROJECT NAME;BAXTER LANE ROADWAY IMPROVEMENTS Parcel 7=2 PROJECT#;45,24,11402 01 Page!of 3 harmless,from any and all liability that may result or arise from the exercise of the rights.granted hereby.. The Grantor hereby covenants with the CITY OF BOZEMAN that the Grantor has good title to the above- described tract of land, and covenants that the CITY OF BOZEMAN shall have quiet and peaceable possession thereof and use thereof during the period of the Temporary Construction Easement. This Temporary Easement is in effect for a period beginning the tst day of construction on the property, and ending two (2) Years later, at which.time this easement shall expire and be of no force and effect. A release of easement will be recorded at the conclusion of the project. Dated this Z!�_day of s�rr/ 20 14�' RONALD K. LEWIS 4JACTE E. LEWIs ACKNOWLEDGMENT OF GRANTOR STATE OF !!u4&,yj_ } ss County ofjhn } On this�Z_day of &r} 201L before me, the undersigned, a Notary Public in and for the said State; personally appeared the .Grantors, Ronald K. Lewis and Janice E. Lewis, known to me to be the.identical individuals who executed the foregoing instrument, who acknowledged to me that each individual executed the, same as the free-.and voluntary act of said company, with full authority to do so and with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. — Notary Pu: �c in and for the.State of ��UNYc ANTHONY GADDO I 01 NOta- byC My Commission Expires: t J'�©ilia r_�p aia��t o'_for the Sta -'cif Montana f�esiding at: I�42emclny Mohtstna .. •,,�1c Ma ;,• MYCpmrpissiOr,Expires Jartua ,30,2019 ; CITY OF BOZEMAN PROJECT NAME:BAXTER LANEROADWAY IMPROVEMENTS Parcel 7-2 PROJECT#F:452.4.114p2;01 Page 2„of 3 Currerlt Owner: \\ \\\\Ronald K.Lewis and \\3anlaaE.Lew1s +\\2875 Baxter Land � \\\� \\\`N", \Bozeman MT 59718 a\SEC 35,T`S R6E °a1'S6"E,20,10FEET \` 8\\\L3 N 16"48'24"E,36.40 FEET' \ \\.'IL4 S. 89"081 19"E,36.00 FEET \ � S 1V 05'OZ E,36.40 FEET° \\\\ yL6 S°'8 809a 08'VY E,1 86 FEET \ \`\\ ,0 S 01'28'30"W,2012 FEET \\ \\ 18 \N 89'08'05"1N;331.21 FEEL�\�\ + \PRc?P=UNE RTY \\\ \\\\ \PARGEL72TCE \+ \NF-W.,rEkv1P-GpNST_ \EASEMIENT \ 'k \\\\ RM Legend Existing Easement New Temp.Cor st.Easement ' a ec lap 'F++ Area Remaining A public use easement to the City of Bozeman; a tract of land located in the WV2,VVY2SE 4SWY4 of Section 35 T1S,R5E,M.P.M. Gallatin County,ivionWa more particularly deserfow as follows; Beginning at the southwest corner of the easement herein described', being a point on the north right-of-way of Baxter Lane,from which point the southwest comer of Section 35, T1S;,R5E, P.M , bears S 000 51'55"W.50.00'feet to the south section line of Section 35;Thence N 89'f)8F: 06' %1, 132244 feet_along the sogth section limp of Section 3$,said point of beginning; Thence; from said point of beginnfre# N 00°51',5W'E,2t1:10 feet along the infest line of said tract;Thence,S 89,08'19"E;105.57 feet;Thence,N 16'48'24"E,36.40 feet,Thence,S 89°1 08!1W E#36.00 feet; Thence, S'15'05'02" E,36.40 feet,Thence; S 89`08'19"E, 169,86 feet to the East line of said tract;Thence; S 01'28'30"W 20.12 feet along the east line of said tract to the north right cif-way. af`t3 xter l ane�Thenk ;N 89°'08'45"W,331,2 f feet along the north rightrbfw%iay of Baxter Lptie to the point of beginning,and containing 8,273 sqftj more or less - aria.. fti�htb(Wa>Rqpairctlfaraxlerlineaad oh,_ z�a3c AU Davis Lane Maditsy Impraysnients ' ;i c)oW L, city of Do efts'ti,'higritona EXHIBIT A ,ram a rttCus€ &. awe.mot.sxis - PARCEL 7 2 Page 3 of 3 PROJECT NAME; BAXTER1ANE y ' CITY OF BOZEMAN. ROADWAY IMPROVEMENTS ' Engineering Division PR6JECT#; 4524.11402:01 Public Works Department PARCEL#.8-1 and 8-2 MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT` AGREEMENT has been reached this day of 201 between JOHN F: SHEADY AND KAREN J. SHEADY, as joint tenants;, the owners) a tract of land in the SW of Section 35, Township 1 South; Range 5 East; Montana Principal Meridian, City of Bozeman, Gallatin County, Montana, and described as follows: Beginning at the,south one-quarter (SX) corner of Section 35; Thence south 89 degrees 1600"west on and along the south line of Section 35, a distance of 330.52 feet to the true point of beginning; Thence south 89 degrees 16'00" west on and along the south line a distance of 165.26 feet;;Thence"north 0 degrees 0630"west a distance of 527.17 feet; Thence north 89 degrees 16'00"east a distance of 165.26 feet; Thence south 0 degrees 05'30" east a distance of 527.17 feet to the true point of beginning. According to survey recorded in film 17, page 1594, records of Gallatin County, Montana, hereinafter "seller(s)" and the CITY OF BOZEMAN hereinafter "Purchaser" for the purchase of said property interests) The amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Public Use Easement(Parcel 8-1): $ 11,006 Easement area:,- 3,305* (sgft). Temporary Construction Easement (2 year time period, Parcel 8-2); $ 4,108 Easement area: 5,868'` (sgft) Cost to Cure: $ 2,400 Total (rounded) 17,550 *See Figure 1 attached Other Conditions: 1, Taxes and Special Assessments; if any, delinquent from fomler years; and Taxes and Special' Assessments for the current year, if due and/or payable, shall be paid by the seller or sellers. 2. 'This Memorandum embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein. 3. The seller(s) hereby °agree(s) that the compensation herein provided to be paid includes full compensation for their interest and the interests of their life tenants, reinaindermen, reversioners; liens and lessees, and any and all other legal and Iequitable interest that are or may be outstandin and saidseller(s)_agree(s)to discharge the same. _ 4. THIS AGREEMENT shall be deemed a CONTRACT extending to and binding upon the parties hereto and upnp the respective heirs, devisees, executors, administrators, legal representative; successors and assigns of the parties, only when the same shall`have been approved by the City Manager on behalf of the Department of Parks and Recreation.. 5. The property transfer shall be effective upon acceptance by:Purchaser, evidenced by the execution of this Agreement by the CITY OF BOZEMAN and payment of the purchase price. CITY OF BOZEMAN, PROJECT NAME:BAXTER LANE ROADWAY(MPROvtMENTS Parcel 8-1 and 8-2 PROJECT#:4524.11402,0.1 Page 1 of 3 Of the total amount of compensation hereinabove agreed upon, the sum of $17,560 shall be paid upon execution and delivery of a good and sufficient: N public Use Easement, ® Temporary Construction Easement, and the balance of the compensation, amounting to $ 0.00 shall be paid upon compliance.by the seller(s)with thelerms hereof. Disbursement of funds will be made in the following manner: Sellers) Amount of Payment John F. Sheady and Karen J. Shead $17 550 _ The Seller(s) certify that there are no known hazardous materials on the property. The terms of this Agreement are understood and assented to by us and payment is. to be made in accordance with the above. JOHN F.SHEADY AND KAREN J, SHEADY. ` Date: 1� <" —Z GOB •John . Sheedy Date: *KaenJ. She d CITY OF BOZEMAN Date: + _Z 7— 146 By: Chris Kukulski City Manager ATTEST: • / L µ Date: By Robin Crouh a City Clerk :. was 1Cu.3 a»,%` 1.,jArr C.u;•;�1 S CITY OF BOZEMAN PROJECT NAME:BAXTER INANE ROADWA`F IMPROVEMENTS Parcel 8,-1 and$-2 PROJEC`f#;4524:11402;01 Page 2 of 3 . . _ __._ Mp } Curreni Owner.; John F,Sheady and g Karen J.Sheady 27?5 Baxter lane G t v; Bozeman,NIT69718 r PXIST1NG PROPERTY LINE PARCEL82TGE i NEw'empoRARY CONS RUC-nGN EASEMENT_A_ _ - PARGELB-1 Pl1E ��� EASEt�JiEI+Fi' h s _ D(STttR .y ' TREE 5 r ' _ ¢ZZ BARTER LANs EXISTING RASEMEt 1 w'"f' _. ma's P.At1ti,rGt<ND .fic'f'se4ES'k^.t( CITY QF��? t>A,hf*I[iItNAGC2t1d5111r}N s,4`;'ti+: untttt�e�irNJ:nt�:,tft tThTC7.E ECN.,e,rA.i'2'ilrT SsiS�T .. -.... _-.-T.... �^�"^^`•+ EY SsPtGP.CScZLTY tL".rc. zou Sd Gd' ._ r:ea vis un� aar. TAIE RIGHTOF 1h1AY REQUIRED FOR BARTER LANE AND PROJECT' 4624,93402,ei . DAVIS LANIE RQADWAY IMPROVEMENT$ DATE_ 51z5I241e j �d V11 L CITY OF BOZEMAN,MfJNTANA .} - - _ <paso-mgt s' s ,n� sn,s PARCELS FLOP E I Page 3 of 3. MTE PLATTER M®NTANA717rLS aF-SCROW � > Return to: .2549838 Aage f or 4 07/01/2016 10 S2:1a AM Fee.: $28.00. DOWL Charlotte Mll'ls - Gallatin County, MT MISC 2090 Stadium Drive IIIIWIIIIIIIIIiIIlIiIiilllll(IIItIIIIII�lllillllllllllllNIIIIIIIIlIIi!lIIIIIIII�Ii Bozeman, MT 59715 - PROJECT NAME:8AxT9k LANE , �YS� CITY OF BOZEMAN RoAAWAY IMPROVEMENTS s y� Engineering Division PROJECT#: 4524.11402.t)'[ Public Works Department o'r. PARCEL# 8-1 PUBLIC USE EASEMENT' PUBLIC USE`EASEMENT THE GRANTOR(S), JOHN F. $HEADY AND KAREN J. SHEADY, as joint tenants, whose address is; 2775 Baxter Lane, Bozeman, MT 59718 for and in consideration of Ten and No/100 -Dollars, and other valuable consideration, in hand paid, conveys and warrants to the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors or assignees, a perpetual, full and unrestricted easement and right-of-way in, over, under, along, through, and across the following-described tract of land located in Gallatin County; Montana: A public use:easement to the City of Bozeman, a tract of land, located in the SW% of Section 35, Township 1 South, Range 5 East, Montana Principal Meridian, City of Bozeman, Gallatin County, Montana, and described as follows: Beginning at the south one-quarter (S%) corner of Section 35, Thence south'89 degrees 16'00"west on and along the south line of Section 35, a distance of 330.52 feet to the true point of beginning;Thence south 89 degrees 16'00"west on and along the south line a distance of 165.26 feet; Thence north.0 degrees 0630" west a distance of 527.17 feet; Thence north 89 degrees 1600"` east a _distance of 165.26; feet; Thence south 0 degrees 0630" east a distance of 527.1.7 feet to the true point of beginning. According to survey recorded in film 17, page 1594, records of Gallatin County, Montana, more particularly described as:follows and as shown on Exhibit A Beginning at Southeast corner of the easement herein described, being a point on the north right- of-way of Baxter Lane, from which.point the south quarter corner of°Section 35, T1S, R5E, .P.M.M., bears S 01° 30' 26"'W, 30.00 feet.to the south'section line of Section 35; Thence S 890 08, 05" E 330.50 feet along the,south section ,line of Section 35, said point of beginning; Thence,. from said point of beginning, N 890 08'05"W, 165..27 feet along the north right-of-way of Baxter Lane; Thence, N 01° 30' 26" E,,2.0.00 feet along the west line of said tract; Thence; S 89 08' 05'" E, 165,27 feet to the east line'of said tract; Thence, S 010 30" 261' W, X00 feet along the east line of said tract to the .north right-of-way of:Baxter Lane to the point of beginning; and containing 3,305 sgft, more or less and as shown on Exhibit A. All improvements are the property of the CITY OF BOZEMAN, removable at its option, The failure of the GRANTEE.to exercise any of its rights granted herein.shall not be construed as'a waiver or abandonment of the right'. CITY of BOZEMAN PROJECT NAME;BA>gER LANE ROADWAY IMPROVEMENTS' Parcel 871 PROJECT#:452411402.01 Page 1 of 4 The above-named Grantor hereby covenants with the CITY OF BOZEMAN that said Grantor has good title to the above-described tract of land and covenants that the CITY OF BOZEMAN shall have quiet and peaceable possession thereof; and shall have a free and unrestricted. right to maintain said facilities as long as the right-of-way of which this.easement area is a part, remains a-public way.. Dated this-"day of Q_U 6 le 20 JO N R SHEADY t�C KAREN J. SH Y ACKNOWLEDGMENT OF GRANTORS STATE OF A&0V1 ) County of )- ) SS ) On this " day of �vyi�, 20_,,C- before me, the undersigned, a Notary Public:in and for the said State, personally appeared the Grantors,.John F. Sheady and Karen J.Sheady, known to me to be the identical individuals who.executed the foregoing instrument, who acknowledged to me that each individual executed the same as the free and voluntary act of said company, with full authority to do so and with full knowledge of its contents, for the uses and purposes therein mentioned.. IN WITNESS WHEREOF,.I have hereunto set my hand and affixed my official seal this day and year above written. �' 1 No lic in and for the State of NoNY f ANTHONY GAt7D© My Commission Expires, r a 1 d'- Notary Public s -iao rnart<° for the State of Montana * �' a 4 Bozeman,Residing y 9. A '; 1t P=� My Commission Expires; tj ,1 January 30,201g 1 � CITY OF BOMMAN PROJECT NAME BAXTER LANE ROADWAY IMPROVEMENTS Parcel 8-1 PROJECT#:4524.11402.41 Page 2 of 4 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMAN,a Municipal Corporation of the State of Montana, Grantee herein, acting by and through its City Manager and City Clerk for the City,of Bozeman, hereby accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof, CITY OF BOZEMAN CDate: (9 By: Chris Kukulski City Manager ATTEST: 0 ;� ��� By: obin Cro City Clerk d * . r �✓ r It;�3 ° 4 ,r STATE OF MONTANA )5s.. County of Gallatin } The foregoing instrument was acknowledged before me this 'fig day of 20 (by Chris Kukulski and Robin Crough; known to me to be the City Manager and City Clerk for the City of Bozeman.and.the persons whose names.are subscribed to this instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. -� Notary Public in and for the State of Montana r4. My Commission Expires. Kj A04+1 t 0 A,0?¢; I f aL'•�Q7A191�(: Or �: .`� .:.k.• . {fit t.{i: } ,; icnT. tI. ' �L�rl�,rn. no�;`� My Camnlissrart t�,i;t March 10,200: 4���sicyq; PEARL MICHALSO!\i t.'x for the StatNotae of Montana 110sidin SEA Ooze �at , Montana ... "j! c krt to F��S ornti ca v ,,oxLQ ' MVGgmmission Expires: ; CITY OF BOZEMAN PROJECT NAME;BAXTER LANE ROADWAY'IMPROVEMBNTS Parcel 8-1 PROJECT#:4524.11402.01' Page 3 6f 4. \curre at Owner: ,John F.Sheady and , 'Karen J.Sheady 27 75 Baxter Lane `. Bozeman,wr 69718 •` SW4 OF SEC.35 T16,R5E 11� N 89°06'05"W,165,2 PT L2 N di 30'26"E,20,00 FEET L3 S 89'08'05"E,165.27 FEET L4 S 01¢30'26"W,20,00 FEET PROPERTY i` EXISTING NT' PARCEL 023PUE NEW PUBLIC USE EASEt�v1"T \ y J / r ..,, CB / BA.TER LAN F21W Le -nd Existing Easement Now Public Use Easement '° ° - V1 N SCME W FEU Area Remaining I A public use easement to the City of Bozeman, on a tract of land located In the PW,of Section 35 I-IS,_R5E„tv1.P,fv1.,Gallatin County Montana,.niDre parficularlydescribed as follows; Beginning at the southeast corner of the easement herein described, beln§ a point'can the north right-of-way of Baxter'Lane, from which point the south quarter corner of Section 35, T1S, 135lE, P.tvt.M.,bears 01'8V 26`W,30.00 feat to the south section lina of See ipn 35;Thenco 889'08` 05 E,330,ar 0 fret along the south secifon line of Section 36,said point of laeglnning Thence,from said point of beginning, N 89°08'05"W, 165.27 feet along the n rth right-ofway. of Baxter Lane, Thence, N 01° 30' 26"E, 20.00 feet along the, west lino of said tract; Thence, 5'8W 08' 05" E, 165:27 feet to the east line of s,ald tract �ltence,-�91 30'26"`W,2t1.t10 far along the eastitnt riS snlrf tract to the north..right of-+gay of Baxter Lane to the polot of b4nning; and containing 3,305 $qft,more or less: RightoTsyttaguircdforaaxlertanmanci'' Davia Lana R4advvay ImptaVoti ents G t 3 W L city of oozi tiah'M04twa EXHiBrr A h s tw. u a.ra a awarts PARCEL B-'t_ Page 4 of 4: a. T 1 JM 4TANA T� s,otaouit Pt.A1 T1"D ORDER 25498,319 Return t0 Pass lior 3 07101l20i6 10. DOWL 62.10 AM Fee. $21 00. Charlotte Mills - Gallatin County MT MTSc 2090 Stadium Drive !JIlIi[Illllllllllf(111�lllllllllllllllllllll�lllllllilllililll�lllIII1111(III[III11{ Bozeman, MT 69715 7R0 PROJECT NAME:SAxTERrI ANE CITY OF BOZEMAN ROADWAY IMPROVEMENTS Engineering Division PROJECT#: 454.i 1402.01 �¢ Public Works Department tr 88 ' PARCEL M 8.2 TEMPORARY CONSTRUCTION EASEMENT r _ TEMPORARY CONSTRUCTION EASEMENT THE GRANTOR(S), JOHN F.SHEADY'AND KAREN J. SHEADY, as joint tenants, whose address is 277.5 Baxter Lane, Bozeman; MT 59718, as owners of the property described below, and its/their successors and assigns for good and valuable consideration, conveys and warrants to the CITY OF R&EMAN,a Municipal Corporation of the State of Montana,with offices at 121 North Rouse Avenue, Bozeman Montana 59715, Grantee and to its successors and assignees, ein unrestricted Temporary Construction Easement,over, and across the following described real estate' A temporary construction easement to the City of Bozeman, a tract of located in the SW%of Section 36, Township,/ South, Range 5 East, Montana Principal Meridian; City of Bozeman,Gallatin County; Montana, and,described as follows: Beginning.at the south one quarter (S!) corner of Section 35 Thence south 89 degrees 16'00"west on and along the south line of Section 35, a distance.of 330.52 feet to the true point of beginning; Thence south 89 degrees 16'00"west on and along the south line a distance of 165.26 feet;; Thence north 0 degrees 05'30" west a distance' of 527.17 feet; Thence north 89 degrees 16'00" east a distance of 165.26 feet, Thence south 0 degrees 05'30" east a distance of 5.27.17 feet to the true point of beginning. According,to survey recorded in film 17, page 1594, records of Gallatin County, Montana; more particularly described as follows and as shown on Exhibit A; Beginning at the southeast corner of the easement herein described, being a,point on the north right- of-way of Baxter Lane, from which point:the south quarter corner of Section 35, TIS, R5B, P.M.M , bears S 010 30' 26" W, 50,00 feet,to the south section line of Section 35; Thence S 89' 08' 05 E, 330,50 feet along the south section line of Section.36, said point of beginning; Thence, from said point of beginning, N 89' 08' 05"'VU, 165.27 feet along the north right-of-way of Baxter Lane; Thence, N 01" 30' 26" E, 20.01 feet along the west line of said tract; Thence, S 80* 08' 016" E, 92.25 feet; Thence, N 000 51' 55" E, 35.00; Thence,, S`890 08' 06" E, 73,88 feet to the, east line of said tract; Thence, S 01" 30'26"W, 56.01 feet along the east line of said tract to the north right-of--way of Baxter Lane to the point of beginning, and containing 5,868 sgft,more or less and as shown.-on Exhibit A; delineated as to said tract of land on the exhibit attached hereto and made a part hereof as Exhibit'A. of this instrument and designated as Parcel 8-2. Said parcel, containing 5,868 square feet, more or less is hereby provided to the CITY OF BOZEMAN for the purpose of constructing and/or improving a public street,`highway,walkway, trail and/or electric,telephone or telecommunications, gas;.water,;sewer, drainage, t CITY OF.BOZEMAN PROJECT NAME:BARTER LANE ROAbwAY IMPROVEMENTS Parcel&2 PROJECT#:4524.11402.01 Page 1 of 3; or other utility transmission or distribution facilities as necessary for the Baxter Lane Roadway Improvements Project, Upon completion of said project for which access is hereby provided, the CITY OF BOZEMAN shall restore the property as nearly as possible to its original condition. The CITY OF BOZEMAN agrees to.hold Grantor harmless from any and all liability that may result or arise from the exercise of the rights granted hereby, The Grantor hereby covenants with the CITY OF BOZEMAN that the Grantor has good title to the above- described tract of land, and covenants that the CITY OF BOZEMAN shall have quiet and peaceable possession thereof and use thereof during the period of the Temporary Construction Easement. This Temporary Easement is in effect for a period beginning the 1st day of construction on the property, and ending two (2) years later, at which time this easement shall expire and be of no force and effect. A release of easement will be recorded at the conclusion of the project. rd Dated this day of _, 24 JO F. SH EADY c4fa KAREN J. S DY 1' ACKNOWLEDGMENT OF GRANTORS STATE OF county of j ss On this `==Q day of ; ovt4 2016 before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantors,John F. Sheady and Karen J. Sheady-, known to me to be the identical individuals who executed the foregoing instrument, who acknowledged tome that each individual executed the sameas the free and voluntary act pf said company, with,full authority to do so and with'Full knowledge of its contents,,for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed�rr��r effi ial seal this day and year above written. '11q' ANTHONY GADDO ��oNY cQtao Nota Public in and for the State of t?4om v. Notary Public ry `ta'tj�j CAR,gEQ_for the State of Montana My Commission Expires: +j7 y lq Resicling.6t —�. , it:�tSEA- ,,-T Botbmah, Montana CF o�P, My Commission.Expires: ` January 30,2019 t CITY OF BOZEMAN .. PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel&2 PROJECT#:4624.11402,01 Page 2 of 3: \Current Owner.` } John F..Sheady and .`\ Karen J. $heady ` `2775 Baxter Lane y \ ,t3azeman,MT.59718 Stg+4 OF SEC 35,.T`3S,R5E - �.iU Ott 9°pg 06"W,165:7 FEET ` -1-2 N 01°30'26"E,A011 FEET *. L3 S 89°08'06"E,9229 FEET Lit N 00°51 S5"EF 35.00 FEET L6 S 89°08'06"E,73.38 FEET S 01,30,9611 W,66,01 FEET * \\EXiSTiNG \ PROPERTY EXISTAMENT PARCEL 8-2 TCE NEW TEMP.i ONST. EASEMENT 1� .. PQB 7/ X, . t3A ' ER(N 'P RAN Legend. Existing Easement New Torn)).Const,Easement` Area Remaining A temporary construction easement,to the City of Bozeman, on:a tract of land located in the s W l of SecW6 35,T1S,ROE,tki.P M.,Gallatin County,Montana,more particularly described as follows; Beginning M the southeast corner of the easement herein described, being a point on the north ' right-of-Ay of Baxter Lane, from which point the south' quarter corner of Section 35,fl§,.R51=; P.M,MN , bear$S 017'30'26'W,>0.00 feet to the south section lino of Secti on 35,Titence,s 8a°Ot1" 05"E,330.50 fleet along the south,section line cif Section 35,said joint of boglaril' ;Thence;from. said paint af:"beginning,t�80�_08'05"W,16.5 27 feet along the north right-ofAYay of Baxter Lane, Thence,N 01°3o'26"E,20.01 feet along the west line of said traetl hence,S 89°08'06"E,92.29 feet;Thence; N 00'51'65"E; 300 Thonw, S 894 08`06"E,73.38 teetto the east line of said tract;Ttrenca, s p1°30` 5"W;55.01'feet along the'east 1lne of-said tract to tha earth right of�vay of Baxter Lane to the point of beg!fining,and containing 5,868 sgit,.more ar less. vrur,�r aszt:tae�et Right of'�Ja�+Required for Baxter Lane a,nd ilavis La e Roadvray I p'ravnments city of Gateman,whiaiia L-XFiIG IT A aG.as.r:s no .anaa r- +,s PARCEL 8-2 facie3 of 3 i 130 PRQJECT NAME BAXTprt LANE , .. yx CITY OF BOZEMAN ROADWAY IMPROVEMENTS * Engineering Division ? * .:. PROJECT#-`4624.11402.0'I, Public Works Department :PARCEL,#,.10 1,:'10-2,14.-3,'10-5,...:.:` MEMORANDUM OF AGREEMENT i MEMORANDUM OF AGREEMENT i AGREEMENT has been reached this 3111 day of ` �� � 20L?2, between GALLATIN CENTER LIMITED PARTNERSHIP, a Montana Limited Partne�e owner(s) of Lot 3, of Minor Subdivision 210, recorded July 10, 1997, situated in the NEY4 and the SE% of Section 35, T1S, R5E, P.M.M., Gallatin County, Montana. EXCEPT The Gallatin Center Subdivision PUD Phase 1, recorded December 8, 1998 in Book J of Plats, Page 264, Official Records. And except The Gallatin Center Subdivision PUD Phase 11, recorded December 12, 2000, in Book J of Plats, Page 305, Official records. And except The Gallatin Center Subdivision PUD, Lot 10-Phase 111, recorded May 14, 2002 in book J of Plats, Page 333, Official Records. And except The Gallatin Center Subdivision PUD Lot 9.1-Phase 11, recorded November 21, 2002, in Book J of Plats, Page 348, Official Records. And except Phase I of the Gallatin Center Subdivision PUD Phase 4, recorded April 5, 2006, in Book J of Plats, Page 423, Official Records, hereinafter "Seller" and the CITY OF BOZEMAN hereinafter "Purchaser" for the purchase of said property interest(s). The amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Public Use Easement(Parcels 10-1 and 10-2): $ 39,062 Easement area: 20,559* (sqft) Temporary Construction Easement (2 year time period, Parcels 10-3, 10-5, 10-6): $ 12,772 Easement area: 31,931* (sgft) Total(rounded) 61,850 *See Figure 1 attached Other Conditions: I 1. Taxes and Special Assessments, if any, delinquent from former years, and Taxes and Special Assessments for the current year, if due and/or payable, shall be paid by the Seller. 2. This Memorandum embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject i matter hereof, other than as contained herein. 3. The Seller hereby agrees that the compensation herein provided to be paid includes full compensation for their interest and the interests of their life tenants, remaindermen, reversioners, liens and lessees, and any and all other legal and equitable interest that are or may be outstanding and said Seller agrees to discharge the same. 4. This Agreement shall be deemed a Contract extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representative, successors and assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department, 5. The property transfer shall be effective upon acceptance by Purchaser, evidenced by the execution of this Agreement by the CITY OF BOZEMAN and payment of the purchase price. I CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 10 PROJECT*4624.11402,01 Page 1 of 3 I t e F Of the total amount of compensation hereinabove agreed upon, the sum of$51,850 shall be paid upon execution and delivery of a good and sufficient: ® Public Use Easement, ®Temporary Construction Easement, and the balance of the compensation, amounting to$ 0.00 shall be paid upon compliance by the seller(s)with the terms hereof, i 4 Disbursement of funds will be made in the following manner: j Seller(s) Amount of Payment Gallatin Center Limited Partnership $51,850 The Seller certifies that to the Seller's knowledge, there are no known hazardous materials affecting the property interests being acquired. i The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. E I i E GALLATIN NT R LIMITED/ RTNERSHIP, a Montana Limited Partnership I i ! l I '•'I 1 Date: e: Eu ne Graf, 111 j itle: General Partner of Gallatin Center Limited Partnership E i CITY OF BOZEMAN I U✓�. ` �- E ' Date: By: Andrea Surratt City Manager ; I i ATTEST: B 1 Date: ads)Ij By: Robin Crough 10 e rKN 1 •i`�" City Clerk CJ ' 1"y _ �� •' " �;•, 1883 f 4 y 4 f iTIN CO. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 10 PROJECT#:4524.11402.01 Page 2 of 3 i l� S ' i ', 3 i I Currenk Owner: Gallatin Center Limited Part hership N 1 A Ave. Bozeman,MT 50715 EXISTING PROPERTY LINE ! t 1 1 � I EXISTING 70'WIDE PUBLIC i OPEN SPACEILINEAR TRAIL AND STREAM CORRIDOR EASEMENT j I i PARCEL 10-6 TGE j NEW TEMP.CONST: - EASE ENT _ EXISTING 20'WIDE PARCI~L 10-2PUE UTILITY NEW PUBLIC USE EASEMENT EASE ENT (TYP) 7 PARCEL 10-5 TCE a NEW TEMP.GONST. z ! o EASEMENT j a a o PARCEL 10-1.PUE �� NEW PUBLIC USE EASEMENT x s> c PARCEL 103 TCE NEW TEMP.CONST. = EASEMENT BAXTER.[A.E EXISTING ROAD EASEMENT MLEGEND f{'•y///:3 EFiSrPlo ftoIG FJI9BABi(. i:.iG.GEw�.L.f.A NEV(EA9BAEtIT- \\\`\\ UIff]IGI;Ii:EREO Hi=NN�D;i CITY OF 80ZEMAN FLW ACQUISITION H£}YPURLIC 119E E19ETAR Ed,63S90`T -7 --7 EXI9TNG ROWIJtE REWiE]AP.GOtISf.E)S(.M9iT -31Ai190FY . •. +^'�+.•'+!.k7fISTWGPROPEkTVivrt WALK IN f=T ^---�unYTewowwrrwRhmiUriiN eASwEai�: RIGHT OF WAY REQUIRED FOR BARTER LANE AND PROJECT 4524 11402.01 _ DAVIS LANE ROAQWAY IMPROVEMENTS DATE WiS/20% T3 CI W 1. cmY OP BOZEMAN,MONTANA mra�avogy e�,■tiLl..mr(d PARCEL 10 FIGURE page 3 of3 r , 'k fl40NTANA T1TLG AND O PLAT t E ORDER# Ill I 112605726 i Pag 1 of 5 02/12/2018 11:13:54 AM Fee: $35.00 ' Illlll'lilllllltllllllllllllllllllll Gallatin lllCounty, llllllllllllllllllllllliilll MISC Return to: DOWL 2090 Stadium Drive Bozeman, MT 59715 i ogRoz� PROJECT fy� CITY OF BOZEMAN ROADWAY 1MPR4VEMENTS Engineering Division pROJECT#.4524:17402 01.... . Public Works Department qsM God PUBLIC USE EASEMENT PUBLIC USE EASEMENT I THE GRANTOR(S), GALLATIN CENTER LIMITED PARTNERSHIP, a Montana Limited Partnership, whose address is 220 W Lamme, Suite 1F Bozeman, MT 59771-0906, for and in consideration of Ten and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and warrants to the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors or assignees, a perpetual, full and unrestricted easement and right-of-way in, over, under, along, through, and across the following-described tract of land located in Gallatin County, Montana: Lot 3, of Minor Subdivision 210, recorded July 10, 1997, situated in the NEY4 and the SE'/4 of Section 36, T1S, R5E, P.M.M., Gallatin County, Montana. EXCEPT The Gallatin Center Subdivision PUD Phase 1, recorded December 8, 1998 in Book J of Plats, Page 264, Official Records. AND EXCEPT The Gallatin Center Subdivision PUD Phase 11, recorded December 12, 2000, in Book J of Plats, Page 305, Official records. AND EXCEPT The Gallatin Center Subdivision PUD, Lot 10-Phase III, recorded May 14, 2002 in book J of Plats, Page 333, Official Records. AND EXCEPT The Gallatin Center Subdivision PUD Lot 9.1-Phase 11, recorded November 21, 2002, in Book J of Plats, Page 348, Official Records. AND EXCEPT Phase I of the Gallatin Center Subdivision PUD Phase 4, recorded April 5, 2006, in Book J of Plats, Page 423, Official Records. Said public use easements are depicted on Exhibit A and Exhibit B attached hereto and more particularly described as: Parcel 10-1: Beginning at the southwest corner of the easement herein described, being a point on the east right- of-way of Thomas Drive, from which point the south quarter corner of Section 35, T1S, R5E, P.M.M., bears S 01° 29' 16" W, 45.00 feet, said point of beginning; Thence, from said point of beginning, N 01° 29' 16" E, 105.00 feet along the east right-of-way of Thomas Drive; Thence, S 89" 01' 07" E, 45.00 feet; Thence, S 01° 29' 16"W, 80.22 feet; Thence, S 43"43' 41" E, 27.84 feet;Thence, S 89° 01 07 E, 650.04 feet; Thence, N 00° 58' 54" E, 75.00 feet; Thence, S 89° 01' 07" E, 104.53 feet to the east line of said tract; Thence, S 00° 56' 39"W, 80.00 feet along the east line of said tract to the north right-of-way of Baxter Lane; Thence, N 89° 01' 06"W, 819.43 along the north right-of-way of Baxter Lane to the point of beginning, and containing 16,636 sgft, more or less and as shown on Exhibit A. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 10-1 and 10-2 PROJECT*4524.11402.01 Page 1 of 5 j Parcel 10-2' Beginning at the southeast corner of the easement herein described; being a point on the.north right- I of-way of Baxter Lane,from which point the southeast corner of Section 35,T1S, R5E; P.M.M., bears S 000 5W 53"W, 45.00 feet to the south section line of Section 35; Thence, S 89' 01' 07' E 978.26 feet along the south section line of Section 35, said point of beginning; Thence, from said,point of beginning,N 89'01'06"W,.398,02 feet along the north right-of-way of Banter Lane to the west line of said tract;Thence, N 00°56'39" E 5.01 feet along the west line of said tract; Thence, S 89' 01.'07" E, 248.89 feet; Thence, N,00' 58' 53" E, 35.00 feet;Thence, S 89' 61' 07" E, 55.00 feet; Thence, S 00° 58' 53" W, 35,00 feet; Thence, S 890 01' 07" E,95.03 feet to the west right-of-way of N. 19th Avenue; Thence, S 000 56' 16" W, 5.01 feet along the west right-of-way of N. 19th Avenue to the north right-of-way of Baxter Lane to the point of beginning, and containing 3,923 sgft, more or less l and as shown on Exhibit B. All improvements are the property of the CITY OF BOZEMAN, removable at its option. Said`parcels are ; hereby provided to the .CITY OF BOZEMANI, for the purpose of constructing and/or improving a public street, highway,walkway,trail'and/or electric,telephone or telecommunications,gas,water, sewer,drainage, or other utility transmission or distribution facilities as necessary for the Baxter Lane Roadway Improvements Project. The failure of the GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. The above-named Grantor hereby covenants with the CITY OF.BOZEMAN that said Grantor has good I title to the above-described tract of land and covenants that the CITY OF BOZEMAN shall have quiet and peaceable possession thereof; and shalt have a free and unrestricted right to maintain said facilities as long as the right-of-way of which this easement area is a part, remains a public way. Dated this, day of ,20v C,ALLATIN CENT R� ITED PARTNERSHIP,a Montana Limited Partnership Nam gene Grafrnl— Tiff., General Partner of Gallatin Center Limited Partnership ACKNOWLEDGMENT OF GRANTOR STATE OF HoMMM4 ) )ss County of 6r�l -,07d ) On this *.; day of JA-NUAPP r 20A, before me,the undersigned, a Notary Public in and for the said State, personally appeared the Grantor, Eugene Graf; Ill, General Partner of Gallatin Center Limited Partnership, a Montana Limited Partnership, known to me to be the identical individual who executed the foregoing instrument,who,acknowledged to me that the individual executed the same as the free and voluntary act"of said company,with full authority to do so and with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affik6d my official seal thisdayand year above written. sjj �.,r HEI©I SUM, �M�y Notary Public �yoYnn,At'�'I for the State of Nfontana Notary Public.inand for the S#ate fResidl at: tvrv-rra�✓. SEAL Bozeman Montana My Commission Expires: M ommission Expires:_ December 0.7,2020: CITY OF BOZEMAN PROJECT NAME,BAXTER LANE ROADWAY IMPROVEMENTS Parcel 1 Q-1,and 1U 2 PROJECT#:4524.11402.01 Page 2;of 5 i CERTIFICATE OF ACCEPTANCE I THIS IS TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, Grantee herein, acting;by and1hrough its City Manager and City Clerk for the City of Bozeman, hereby accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof: CITY OF BOZEMAN k , UmLDate: ,_ I By:Andrea Surratt; City Manager ATTEST' t,A By: Robin Crough T. City Clerk * 4 ' i < Q ` 1 STATE OF MONTANA } j County of Gallatin } The foregoing instrument was acknowledged before me this 3 day:of rtta 11 20[by Andrea Surratt and Robin Crough known to me to be the City Manager,and City Clerk fbr the City of Bozeman and the persons whose names are subscribed to this instrument, and acknowledged to me that theyexecuted the same for and on behalf of the City of Bozeman. I IN WITNESS.WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. iiitit�,C P, 7WEEfi�EEY _ wok sw�Fr,t, ;4 ztt�rf PtI,.Ai� Notary Public in and forthe too Montana a,n iq �,T#ar[4,e t to car rt,5c r,a My Commission Expires: #tesidirtc�"t: sr'A � �C3po-ElfYl 1t1, �3T1k31ti3 MV CemmIssion Expires: n'q' t{{xr Doc amber Oft 20i8 CITY OF BOZEMAN PROJECT'NAME;BAXTER LANE RQADWAY IMPROVEMENTS: Parcel 10-1 and 04. PROJECT*A624.11402.61 rage,of 5. I �\ �EXISTIN\G20` rrentbwner: tC` '.WIDE UTILITY \�\y \Gallatin Center Limited Partnership t\\�(TAYp}MENT, ;\\\\�\\Bo elh Ave. man,MT 59715 \ , _ 71 \ LOT 3aFMINOR .,\SUBDIVISION NO.210� � ,\\�\♦ �`\\� �� \ � z i ��OF SEC,35 T1S,R5E\ \\ \V EXISTING r\\\' \ \ \ > PROPERTY \\1\ \U t Q m i\\\\\`•\\\\�\\�\t\\i`\\\� LINE \\ \ \\ �\ \ EXISTING 70'WIDE \ g i\ .\\\\\\\\.\\\\\\ \ PUBLIC OPEN \ \ \\\ p, \ PARCEL 10-1 PUE \\ \\ SPACE/LINEAR J \ \ \\\� r \ NEW PUBLIC USE TRAIL AND STREAM t ♦\\ \\\ \�I ,EASEMENT \\ � CORRIDOR \ ♦�, \�\ \(SEE DETAIL} \\\\\ \\\ EASEMENT EEXISTING ASEMENT Bf�JCT� LANE `i fe0 a tE0 Ja0 3 3QAlE AI IrEf EXISTING 70'WIDE PUBLIC OPEN SPACEILINEAR TRAIL ` PARCEL 10-1 DETAIL AND STREAM CORRIDOR EASEMENT j \ ? \ \EXISTI G26' N , \`WIDE UTILITY \'EASEMENT \\\ \\\ \\ ♦\\ \ P B 10-1 ea o eo +ao so"IN FM L1 N 01'29'16"E,105.00 FEET L2 S 89°01'07"E,45.00 FEET R/W Legend L3 S 01°29'16"W,80.22 FEET ® Existing Road Easement L4 S 43°43'41"E,27.84 FEET L5 S 89°01'07"E,650.04 FEET New Public Use Easement L6 N 00°58'54"E,75.00 FEET �,,�;�.� Area Remaining L7 S 89°01'07"E,104.63 FEET L8 S 00°56'39"W,80.00 FEET L9 N 89°01'06"W,819.43 FEET A public use easement to the City of Bozeman, on a tract of land located In Lot 3 of Minor Subdivision No.210 of Section 35,T1S, R5E,M.P.M.,Gallatin County, Montana, more particularly described as follows; Beginning at the southwest corner of the easement herein described, being a point on the east right-of-way of Thomas Drive, from which point the south quarter corner of Section 35,T1S, R5E, P.M,M., bears S 0V 29' 16"W, 45.00 feet, said point of beginning; Thence, from said point of beginning, N 01"29'16"E,105.00 feet along the east right-of-way of Thomas Drive;Thence,S 89' 01'07"E, 46.00 feet; Thence, S 01' 29' 16"W,80.22 feet;Thence, S 43' 43'41"E,27.84 feet; Thence,S 89'01'07"E,650.04 feet;Thence,N 00°58'64"E,75.00 feet;Thence, S 89°01'07"E, 104,53 feet to the east line of said tract;Thence,S 00,56'39"W,80.00 feet along the east line of said tract to the north right-of-way of Baxter Lane;Thence,N 89°01'06"W.819.43 along the north right-of-way of Baxter Lane to the point of beginning,and containing 16,636 spit,more or less. PRO Right of Way Required for Baxter Lane and JECT: 1.U11f02Di asxola Davis Lena Roadway Improvements _y Q W L City of Bozeman,Montana EXHIBIT A PARCEL 10-1 Page 4 of r \E\XfSTII2 20' l\\ EXISTING 70'WIDE PUBLIC \ \'WIDE UTILITY \�\ \ \\\OPEN SPACE/LINEAR TA EASEMENT \\ \\\\\\\ ORIRIOQR STREAM � LOT 3 4MINOR \ \ \\\\\ - EXISTING \\\�\\ � .� w >ix 'SUBDIVISIONNO.210\K\i\ \\\t PROPERTY i\\\\\\ \ t > i OFSEC.35 T'IS R5E \i \t`\\\\� LINE \\\ t\\t \� Q, Q i\\Current Owner. \\\ \\�\\\J PARCEL 10-2 PUE \ \\ NEW PUBLIC USE O• \ Gallatin Center Limited \ \�\. \\ EASEMENT lt\ \ \\\ \,Partnership \♦ \\�\ (SEE DETAIL) i\\.N19thAve. Bozeman MT 59715 EXISTING ROAD EASEMENT fUC�ER IANE teo o taa aao 1 soue w r� } PARCEL 10-2 DETAIL i \kEXISTING70'W1DEP�JBLIC\ \\\\\\N\\ \ OPEN SPACEJLINEAR TRAIL \\ \\\ AND STREAM CORRIDOR EASEMENT \\; ,\\` ,\\ \\ \\\\\\;\ \ } 1\ \EXISTING20' \) "WIDE UTILITY \ \\\ETYP�MENT \\\\�\\\I\fi\ L�\\�\\�\\r\ rn i BAXTE pot E w o a4 t00 1 1-1 N 89'01 08"W,398.92 FEET L2 N 00"56'39"E,5.01 FEET R!W Legend 1 L3 S 89'01'07"E,248.89 FEET t�llLLd Existing Road Easement I L4 N 00°58'53"E,35.00 FEET 1-5 S 89'01'0711 E,65.00 FEET New Public Use Easement ! L6 S 00'58'53"W.35.00 FEET �.����.� Area Remaining L7 S 89"01'07"E,95.03 FEET L8 S 00'56'16"W,5.01 FEET A public use easement to the City of Bozeman, on a tract of land located in Lot 3 of Minor Subdivision No.210 of Section 35,T1S, R5E,M.P.M., Gallatin County, Montana, more particularly 1 described as follows; Beginning at the southeast corner of the easement herein described, being a point on the north right-of-way of Baxter Lane,from which point the southeast corner of Section 35,TiS,RSE,P.M.M., bears S 00"58'53"W,45,00 feet to the south section line of Section 35;Thence,S 89"01'07"E, 978.26 feet along the south section line of Section 35,said point of beginning; Thence, from said point of beginning, N 89°01'061E W,398.92 feet along the north right-of-way of Baxter Lane to the west line of said tract;Thence, N 00'56`30"E,5.01 feet along the west line of said tract;Thence, S 89°01'07"E,248.89 feet;Thence,N 00'581531'E,35.00 feet;Thence,S 89°01'07"E,55,00 feet; Thence,S 00°58'53"W,35.00 feet;Thence,S 89"0110711 E,95.03 feet to the west right-of-way of N. 19th Avenue;Thence,S 00'561 16"W,5.01 feet along the west rightof-way of N.19th Avenue to the north right-of-way of Baxter Lane to the point of beginning,and containing 3,923 sqft,more or less. 500— 4521.11Y 1A1 Right of Way Required for Baxter Lane and 1on7e 1T; ip9lit6 _ DeV15 Lane Roadway improvements D t7 vv L City of Bozeman,Montana EXHIBIT B + �6 PARCEL 10-2 Page 5 of 6 AJONTAAA_n A+N,Cl crJCRQ PLAITED ED ORDER i _ 1 Page: 1 of 6 0211,12018 11 AS;54 AM Fee $35.00 111111111111IIl1111 Mill. 11111I11111111all11111ll�llllillllllllllllllllll1ll11111111 Mtsc Return to: DOWL 2090 Stadium Drive G Bozeman, MT 59716 PROJECT NAME BAXTER t»ANE i 02� CITY OF BOZEMAN ROADWAY IENPROVEMENTS Engineering Division PRO,tEC7# 45241.1402 t)7 * Public Works Department PARCEL# 9© 3,10-*a,ANo 10-5 TEMPORARY CONSTRUCTION � EASEMENT l TEMPORARY CONSTRUCTION EASEMENT THE GRANTOR(% GALLATIN CENTER LIMITED PARTNERSHIP, a-Montana Limited Partnership: Whose address is 220 Wit Lamme, Suite 1F Bozeman, MT 59771-0906, as owners of the property' described below, and 1ts/theirsuccessors and assigns for good and valuable consideration, conveys and. warrants to the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue; Bozeman.Montana 59715, Grantee and to.its successors and assignees, an unrestricted Temporary Construction Easement,over,and across the following described real estate: Lot 3, of Minor Subdivision 210, recorded July'10, 1997, situated in-the N5%and the SE%of Section' 35, T1S, R5E, P.M.M., Gallatin County;_Montana. EXCEPT The Gallatin Center Subdivision PUD Phase 1, recorded December 8, 1908 in Book J of Plats, Page 264, Official Records. AND EXCEPT The Gallatin Center Subdivision PUD Phase, 11, recorded December 12, 2000, in Book J of Plats, Page 305,;Official records. AND EXCEPT The Gallatin Center Subdivision PUD, Lot 10-Phase 111, recorded May, 14,'2002 in book J of Plats, Page 333, Official Records. AND EXCEPT The Gallatin Center"Subdivision PUD Lot 9,1-Phase 11, recorded November 21, 2002, in Book J of Plats, Page 348, Official Records. AND EXCEPT Phase I of the Gallatin Center Subdivision PUD Phase 4, recorded April 6,2006, in Book J of Plats, Page 423,Official Records. Said temporary construction easements are depicted on Exhibit A and Exhibit B attached hereto and more particularly described as:. Parcel 10-3: Beginning at the southwest corner of the easement herein described,_being a point on the east right- of-way or Thomas Drive, from which point the south quarter corner of Section 35, T15, R5E;P.M.M.; bears.S 34° 09'14" W, 83,37 feet, said point of beginning; Thence,from said point of beginning, N 010 29' 16" E, 1.0.21 feet along the east right-of-way of Thomas Drive; Thence, S 89° 01' 07" E, 669.53,feet;Thence, S 00" 58'S4"W, 30.00 feet to the north right-of-way of Baxter Lane;Thence, N 896 01' 07"W, 660.04 along the north right-of:way of Baxter Lane;:Thence, N 43° 43' 41"W, 27.84 along the north right-of-way of Baxter Lane to;the point of beginning, and containing 19,894 sgft, more or less and as shown on Exhibit& CET1'.OF BOZEMAN PROJECT NAME:BAXTER`LANEROADWAYIMPROVEMENTS Parcel 10-3,le I t 1 and 14-6` - PR©JECT#:4524;11402.U'I Page 1:nf 5 ,f Parcel 10-5: Beginning at the southeast corner of the easement herein described, being a point on the north right- of-way of Baxter Lane,from which point the southeast corner of Section 35,T1S, R5E, P.M.M., bears S 000 58'53"W, 50.00 feet to the south section line of Section 35; Thence, S 89° 01' 07" E, 1128.29 feet along the south section line of Section 35, said point of beginning; Thence, from said point of beginning, N 890 01'07"W, 248.89 feet along the north right-of-way of Baxter Lane to the west tine of { said tract;Thence, N 000 56' 39"E, 35.00 feet along the west line of said tract;Thence, S 890 01'07" E, 248.91 feet;Thence, S 00° 58'53"W, 35.00 to the north right-Of-way of Baxter Lane to the point of beginning, and containing 8,712 sqft,more or less and as shown on Exhibit B; Parcel 10-6: Beginning at the southeast corner of the easement herein described, being a point on the north right- of-way of Baxter Lane and the west right-of-way of N. 19th Avenue, from which point the southeast corner of Section 35,T1S, R5E, P.M.M., bears S 000 58'63"W, 50.00 feet to the south section line of Section 35;Thence, S 89° 01'07" E, 978.26 feet along the south section line of Section 35, said point of beginning; Thence, from said point of beginning, N 89° 01'07"W, 95.03 feet along the north right- of-way of Baxter Lane;Thence, N 00"58'53" E, 35.00 feet;Thence, S 890 01'07"E, 95.00 feet to the west right-of-way of N. 19th Avenue;Thence, S 00' 56' 16"W, 35.00 feet along the west right-of-way 1 of N. 19th Avenue to the north right-of-way of Baxter Lane to the point of beginning, and containing 1 3,325 sqft, more or less and as shown on Exhibit 8; The Temporary Construction Easements delineated as to said tracts of land on the exhibits attached hereto and made a part hereof as Exhibit A and Exhibit B of this instrument and designated as Parcels 10-3, 10-5, and 10-6. Said parcels are hereby provided to the CITY OF BOZEMAN, for the purpose of constructing and/or improving a public street, highway, walkway, trail and/or electric, telephone or i telecommunications, gas, water, sewer, drainage, or other utility transmission or distribution facilities as i necessary for the Baxter Lane Roadway Improvements Project. I Upon completion of said project for which access is hereby provided, the CITY OF BOZEMAN shall restore the property as nearly as possible to its original condition. The CITY OF BOZEMAN agrees to hold Grantor harmless from any and all liability that may result or arise from the exercise of the rights granted hereby. The Grantor hereby covenants with the CITY OF BOZEMAN that the Grantor has good title to the above- described tract of land, and covenants that the CITY OF BOZEMAN shall have quiet and peaceable possession thereof and use thereof during the period of the Temporary Construction Easement. This Temporary Easement is in effect for a period beginning the 1st day of construction on the property, and ending two(2)years later, at which time this easement shall expire and be of no force and effect. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 10-3,10-5,and 10-6 PROJECT#:4624,11402.01 Page 2 of 5 � ` � ^ , ` � ` � ` 0110 om� � Dated this day of ^~��^ ` " ^ ^~.. ~...^ LIMITED PAF�'NERGH|P\aKMontomm Limited Pa�nmnwhip � �� ~. � � .~~. . ^ III nf Gallatin Center Limited Partnership � � ACKNOWLEDGMENT OF GRANTOR « STATE OFmayn&uj_ ) � /on County of ) � " � �d Notary Public I and for � the said personally = "mux� ".� =. ~~", �~v""~ ~~. ^'. ~~'~'~' ' --- — --'--- ---' � � " Limited Partnership, a MontanaLimited Partnership, known hommtobe the identical individual who � executed the foregoing instrument,who acknowledged to me that the individual executed the same as the free and voluntary act ufsaid onmpony,With full authority todoeo and with full knowledge of its contents, � for the uses and purposes therein mentioned, � ` IN WITNESS WHEREOF, | have hereunto set my hand and affixed my official seal this day and year � above written. TAR14"., i for the State of-MontanallotarY Public ^ Notary Public in and for the State of ALo6jaklA_ ` Bozeman, Montana. My Commission Expires: My Commission Expires: ^ � � � � ������ �������s�����m P�1�1��1� ' pRoJEcTA:4524.11402.01 Page umx . � / , tT 6 i i \ `EXISTING20' .\\\` \\ \\\\\\\\\\♦\�\\\\\\\�\\\\�\\\\ i WIDE UTILITY \ �\� \ \♦\ \\EASEMENT \\`\ \\ EXISTING 70'WIDE PUBLIC 1 \i♦\\ \� \\(TYP) \ \\ OPEN SPACE/LINEAR ♦ y\ 1\♦\\ ' \♦` '♦\\`�\\\� ♦ \\\TRAILANDSTREAM \1\\1 \\\\ \Current Owner: \t\\�\\\\�OIRR\DO�REASEYEN\ ,`\�\t �GailatinC enter Limited \�\ \\\\\ a_ \\\t\\t\\ \ L ,Partnership ♦ \ \\\\\ EXISTING \� 'z w �`B zeman,eMT59115 \�`\i \\\\.t PROPERTY i\\\\'\\t\\ dd\ Q v> 1\ LOT 3 OF MINOR I\\ \\ \\ \v\ \ 7 i\SUBDIVISION NO.210 \OF SEC.35,T\S,R5E \\ PARCEL 10-3TCE \♦ � \\ \ \NEW TEMP.CONST. \\ SEE DETAIL \\\�\1`t EXISTING ROAD ♦`( �), \ , . \\ EASEMENT tso o feo 300 SANE N FEU i l PARCEL 10-3 DETAIL _.' N } AX ER � E F Se a Da 100 j a=N nzy 1 1i L1 N 01°29'16"E,10,21 FEET p RAN Legend ! L2 5 89°01'07"E,669.53 FEET vr�ild Existing Road Easement 1 L3 S 00°58'54"W,30.00 FEET -t L4 N 89°01'07"W,650.04 FEET New Temp.Const.Easement L6 N 43°43'41"W,27.84 FEET Area Remaining I s A temporary construction easement to the City of Bozeman, on a tract of land located in Lot 3 of Minor Subdivision No. 210 of Section 35, T1S, R5E, M.P.M., Gallatin County, Montana, more particularly described,as follows; Beginning at the southwest comer of the easement herein described, being a point on the east right-of-way of Thomas Drive,from which point the south quarter corner of Section 35, T1S, R5E, P.M.M., bears S 34° 09' 14" W, 83.37 feet, said point of beginning; Thence, from sold point of beginning, N 01°29'16" E, 10.21 feet along the east right-of-way of Thomas Drive;Thence, S 89° 01'07"E,669.53 feet;Thence, S 00°58'54"W,30,00 feet to the north right-of-way of Baxter Lane; Thence, N 89°01'07"W,650,04 along the north right-of-way of Baxter Lane;Thence, N 43'43'41" W,27.84 along the north right-of-way of Baxter Lane to the point of beginning,and containing 19,894 sqft,more or less. Right of Way Required for Baxter Lane and vnaecr �sx�a msr A Y q DnM' 14v 1e Davis Lane Roadway Improvements I D O W L. City of Bozeman,Montana EXHIBIT A IDWam .Dm PARCEL 10-3 4 " �. Page 4 of 5 i ' t �EXIS ING20' \ WIDE UTILITY,\L �� EXISTING 70,WIRE PUBLIC �\\.EASEMENT \�� \\ OPEN SPACEILINEAR f\.\' P� IRID�RF.TASEMENT `Current Owner: \T`\\\\� \\\ .\\\ . \� '\\\~r\\t \ ♦� Gallatin Center Limited \�\ \ \�\ � \\\t\\tom\ \ W w ','Partnership \ \ \ \\\ PARCEL 10�TCE \\ \\ \ \ a \ \\ NEW TEMP.CONST. N 19th Ave. \t`\I \\\\� EASEMENT q Bozeman,MT 69715 \t\\i` \\\� (SEE DETAIL) ♦\ \t\\t N. �� a i\ LOT 3 OF MINOR \�\\ \ PARCEL 10-5 TCE o NSUBDIVIStON NO,210 \\\\�\�\\ NEW TEMP.CONST. \OFSEC.35,T1S,R5E`\ (SEE DETAIL) \\\\\\EXISTING \\\\\\\L ROPER \\\\y\�� EXISTING ROAD \\ NE EASEMENTleg MEWEM B � PARCEL 10-5 DETAIL PARCEL 10-6 DETAIL ::•:::::::..•:...........•::..:::::..:........................................ ::::::::::::.::::.:::::•:::t•......................................................................... iPOB106 ::.o0 r. POB 10 5 W .r:;t J B LA E B TER 60 �.... BO 100 N 100 i BONE N FFEr SOME N FM PARCEL 10-5 PARCEL 10-6 L1 N 89°01'07"W,248.89 FEET L5 N 89°01'07"W,95.03 FEET L2 N 00'56'39"E,35.00 FEET L6 N 00°58'53"E,35.00 FEET L3 S 89'01'07"E,248.91 FEET L7 S 89"01'07"E,95.00 FEET j L4 S 00°58'53"W,35.00 FEET L8 S 00°56'16"W,35.00 FEET V I i Two temporary construction easements to the R/W Legend City of Bozeman, on a tract of land located in f� Existing Road Easement Lot 3 of Minor Subdivision No. 210 of Section 35, T1S, R5E, M.P.M., Gallatin County, New Temp.Const,Easement Montana,more particularly described as follows; Area Remaining i i PARCEL 10-5 Beginning at the southeast corner of the easement herein described, being a point on the north I S right-of-way of Baxter Lane,from which point the southeast corner of Section 35,T1S,R5E,P.M.M., bears S 00" 58'63 W, 50.00 feet to the south section tine of Section 35; Thence, S 89"01'07"E, 1128.29 feet along the south section line of Section 35,said point of beginning; Thence, from said point of beginning, N 89°01'07"W,248.89 feet along the north right-of-way of Baxter Lane to the west line of said tract;Thence,N 00"56'39"E,35.00 feet along the west line of said tract;Thence,S 89°01'07"E,248.91 feet;Thence,S 00*58'53"W,35.00 to the north right-of-way of Baxter Lane to the point of beginning,and containing 8,712 sgft,more or less. ? PARCEL 10-6 Beginning at the southeast corner of the easement herein described, being a point on the north right-of-way of Baxter Lane and the west right-of-way of N. 19th Avenue, from which point the southeast corner of Section 35,T1S, R5E, P.M.M., bears S 00°58'63"W, 50.00 feet to the south section line of Section 35; Thence, S 89' 01' 07" E, 978.26 feet along the south section line of Section 35,said point of beginning;Thence,from said point of beginning, N 89'01'07"W,95.03 feet along the north right-of-way of Baxter Lane;Thence, N 00"58'53"E,35.00 feet;Thence, S 89'01' 07" E,95.00 feet to the west right-of-way of N. 19th Avenue;Thence, S 000 56' 16"W,35.00 feet along the west right-of-way of N.19th Avenue to the north right-of-way of Baxter Lane to the point of beginning,and containing 3,325 sgft,more or less. { Right of Way Required for Baxter Lane and PRWER: 4R4.1114=1 i Davis Lane Roadway Improvements 00wt- City of Bozeman,Montana EXHIBIT B PARCEL 10-5&10-6 Page 5 of i Ik=k � 'I AGREEMENT between the United States Postal Service and the City of Bozeman 1309 MEMORANDUM OF AGREEMENT PROJECT NAME: BAXTER Between and Amon g LANE ROADWAY IMPROVEMENTS UCzc , € k _ THE UNITED STATES POSTAL SERVICE, PROJECT#:4524.11402.01 OWNER OF PARCELS 11-1 and 11-2, PARCEL#• 11-1 and 11-2 AND THE CITY OF BOZEMAN QQWLI This Memorandum of Agreement (hereinafter Agreement) is hereby made and entered into by, between, and among The United States Postal Service (hereinafter USPS, and the City of Bozeman (hereinafter the City). RECITALS WHEREAS, USPS is the owner of a tract of land and improvements located in the City of Bozeman in Gallatin County, Montana located at 2201 Baxter Lane in Bozeman, MT, (the "USPS Property"), and legally described in Appendix 1, attached hereto and incorporated herein, at which USPS operates the Bozeman Main Post Office. WHEREAS, the City intends to undertake a project related to roadway capacity and safety improvements for Baxter Lane, including roadway surface, sidewalk, curb and gutter, and utilities, hereinafter called the "Project" or the "Roadway Improvements", which Project is described in the final design and construction plans dated May 5, 2016 under City Project #14509.000, ("Final Plans"), which are on file with the City and are incorporated herein by reference. WHEREAS, in connection with the Project, the City desires to acquire a public use easement over a portion of the USPS Property, as more specifically described on Appendix 2 attached hereto and incorporated herein by this reference (hereinafter, "Easement") and USPS desires to grant the Easement on the terms and conditions set forth below. WHEREAS, in consideration of the grant of the Easement and to mitigate the impact of the Easement on USPS operations, the City has agreed to complete certain improvements to the USPS Property, including expanding the existing parking lot by 10 parking spaces on the southeast corner of the property, adjusting the adjacent parking lot luminaires, replacing/relocating the existing USPS business sign, grading, landscaping, irrigation system, and resurfacing and tie- in of existing driveway onto Baxter Lane in accordance with the conceptual plans attached hereto as Appendix 3 (the "USPS Property Improvements") and, in connection therewith, USPS has agreed to grant a temporary construction easement over a portion of the USPS Property, as more specifically described on Appendix 4 attached hereto and incorporated herein by this reference (hereinafter, "TCE")on the terms and conditions set forth below. WHEREAS, USPS and City desire to set forth below their respective rights and obligations for with respect to the Roadway Improvements, the Easement, the USPS Property Improvements and the TCE. NOW THEREFORE, in consideration of the mutual covenants contained herein and for good and value consideration, the validity and sufficiency of which is hereby acknowledged by both parties, the parties hereby agree as follows: CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 and 11-2 PROJECTM 4524.11402.01 Page 1 of 7 AGREEMENT between the United States Postal Service and the City of Bozeman AGREEMENTS A. PURPOSE The purpose of this Agreement is to document the roles and responsibilities of each of the aforementioned parties with respect to the Roadway Improvements, the Easement, the USPS Property Improvements and the TCE. This document will formally outline which party will be responsible of various aspects of the above described improvements and easements, including construction efforts, oversight, maintenance, funding, and impacts to private property features. B. PROJECT The Project area is generally defined as being Baxter Lane from Davis Lane to North 191n Avenue. The goal of the Project is to improve the existing roadway network with partial reconstruction, new intersection control, added capacity, sidewalks, and drainage improvements. Additional turn lanes will be installed along the corridor to facilitate vehicular use of adjacent properties along the roadway. A new signalized intersection will be installed at the intersection of Baxter Lane and Davis Lane with minor signal updates at the intersection of Baxter Lane and North 19"' Avenue. This Project includes the acquisition of additional public rights-of-ways along the corridor, including the Easement. C. DETAILED PROJECT INFORMATION Roadway Improvements Directly adjacent to the USPS Property, new turn lanes will be installed along Baxter Lane. Minor roadway widening is required to provide the additional pavement width along this portion of the Project. New sidewalks and boulevards will be installed in front of USPS Property to provide enhanced pedestrian access, including the reconstruction of pedestrian ramps. The two existing USPS approaches will be reconstructed with this Project at their existing respective locations. New luminaires will be installed along Baxter Lane for enhanced roadway lighting. Public Use and Temporary Construction Easements To facilitate the Project the City requires and USPS has agreed to grant, a Public Use Easement that will provide a permanent easement for construction and maintenance of the Road Way Improvements over that portion of the USPS Property described as Parcel 11-1 on Appendix 2 hereto. In consideration of the grant of the Easement, the City has agreed to perform the USPS Property Improvements in accordance with the conceptual plan set forth on Appendix 3, attached hereto and incorporated herein by this reference, and to facilitate the construction of the USPS Property Improvements, USPS has agreed to grant the City a Temporary Construction Easement over that portion of the USPS Property described as Parcel 11-2 on Appendix 4 hereto. The TCE will expire at the earlier of the conclusion of the Roadway Improvements or December 31, 2019. Costs The Project is being funded by the City of Bozeman. The project costs include CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 and 11-2 PROJECTM 4524.11402.01 Page 2 of 7 M AGREEMENT between the United States Postal Service and the City of Bozeman compensation for the road easements required to construct the roadway improvements along the corridor. The USPS Property Improvements are being funded by the City of Bozeman in consideration for USPS's grant of the Easement. To accurately justify the cost comparisons between the USPS Property Improvements and the Easements compensation, the City has performed the fallowing evaluations: The City has prepared an engineer's estimate to design and construct the USPS Property Improvements for the benefit of USPS and has determined the cost to be $44,094.00 The engineer's opinion is included in Appendix 5. An appraisal report was completed and paid for by the City to determine the appraised value of the Easement area. The appraised value of the Easement area, as well as any associated cost to cure items, was determined to be $38,150.00. The summary of the appraisal report is included in Appendix 6. D. TERM This Agreement is effective flaMAPqgN ^. _, 20 and will expire on the earlier of December 31, 2019 or when the City has completed all construction of the Project and the USPS Property Improvements, whichever occurs first. E. Any claim, controversy or dispute arising out of this Agreement, Easement Area, or TCE shall be governed by federal law. F. The LISPS will not warrant that the area for the Project or the USPS Property Improvements is suitable for the purposes set forth herein and City hereby waives any express or implied warranty on the part of LISPS. USPS has no knowledge of subsurface conditions and makes no representations as to soil types, existence of underground utilities, or any other latent conditions that may impact City's Project or the USPS Property Improvement activities. 'I G. In the event City does not fallow or perform the requirements of this Agreement, the Easement, the TCE or the Construction Rider, City shall be in breach of this Agreement. In the event of such a breach, USPS shall notify the City in writing of the precise nature of 1 the breach; email notice to the City is specifically allowed. City shall remedy such breach within two (2) business days of its receipt 6f USPS's written notice (or such shorter period prescribed by this Agreement, the TCE or the Construction Rider). In the event the City fails to timely remedy such breach, then USPS may terminate the Agreement by notice to City, and recording a discharge of the Easement in the property records of Gallatin County. Upon such termination, City shall pay all costs and reimbursements required under this Agreement and within 10 business days either (i) pay liquidated damages to USPS in the amount of $50,000 per day, or (H) provide evidence satisfactory to the USPS Property will remain open for use by USPS and its employees and customers, with direct `I access from the USPS Property, and not be closed or altered without USPS thereafter giving its written consent. The parties have agreed upon such liquidated damages amount I as a reasonable estimate of USPS's damages, which otherwise would be too difficult to calculate. In addition, the City agrees that it will execute any discharge, affidavit or other agreement required to remove the Easement as an encumbrance on USPS's Parcel if the Agreement is terminated in accordance herewith. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 and 11-2 i PROJECT#:4524.11402.01 Page3 of 7 AGREEMENT between the United States Postal Service and the City of Bozeman H. Under this Agreement, City agrees to provide the USPS, its employees, contractors, customers, and the public with continual and uninterrupted access to Baxter Lane from the USPS's Parcel. All work to be performed hereunder shall be coordinated with the Postmaster. Further, City shall not permit USPS's operations to be interrupted, disrupted or otherwise impeded as a result of City's activities. In the event USPS, its employees, customers, or the public are not provided with continual and uninterrupted access under the conditions stated previously in this paragraph, or in the event USPS's operations are interrupted, disrupted or otherwise impeded, City shall be in breach of this Agreement. In the event of such a breach, USPS shall notify the City in writing of the precise nature of the breach; email notice to the City is specifically allowed. City shall remedy such breach within three (3) hours of its receipt of USPS's written notice. In the event the City fails to remedy such breach, then USPS shall entitled to the rights and remedies provided under Section H above. I. CHANGES This Agreement, including the Exhibits hereto, encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the parties, whether oral or written. This Agreement may be amended only in writing, where such writing is agreed to and executed by all three parties hereto. J. CONFLICTS In the event of any conflict between this Agreement, the Easement, or the TCE, the Easement and TCE shall govern and control. K. WORK ASSIGNMENTS 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. City agrees to complete the Project as detailed in this Agreement, the construction plans, including but not limited to roadway reconstruction, new sidewalks, associated improvements and utilities, and project administration. 3. The City agrees to furnish all plans, engineering, supervision, labor, material, supplies and equipment necessary for the construction of the USPS Property Improvements at no cost to USPS. 4. City agrees to complete the USPS Property Improvements as detailed in this Agreement. 5. City shall complete the Project and the USPS Property Improvements prior to December 31, 2019 and in accordance with the terms of the TCE, attached hereto and incorporated herein as Appendix 4, at no cost to USPS. 6. City, by acceptance of the Agreement, agrees to defend, indemnify and hold the USPS harmless against any and all claims, demands, damages, costs, expenses, and legal fees for any loss, injury, death, or damage to persons or property which at any time is suffered or sustained by USPS, its employees, CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 and 11-2 PROJECT#:4524.11402.01 Page 4 of 7 AGREEMENT between the United States Postal Service and the City of Bozeman the public, or by any person whosoever may at any time be using, occupying, visiting, or maintaining the property that is the subject of said Project and/or USPS Property Improvements, or be on or about the USPS' Parcel that is the subject of said Project and/or USPS Property Improvements, when such loss, injury, death, or damage is asserted to have been caused by any negligent act or omission or intentional misconduct of the City or its agents, servants, employees, invitees, or contractors or by the breach of this Agreement, the Easement or the TCE by the City or its agents, servants, employees, invitees, or contractors. 7. City or its contractor(s) will be required to carry and keep in effect insurance consistent with the provisions of the Construction Rider incorporated as part of the TCE. 8. At all times during the term of this Agreement, City agrees not to commit any damage to the USPS Property outside of the TCE Area. In the event City breaches this obligation, City agrees to repair such damage and restore the USPS Property immediately to a condition as good as or better than existed prior to the conduct of City. 9. City shall not permit discharge of storm water runoff onto the USPS Property. Such prohibition shall include, but not be limited to, discharging silt, hazardous materials or other environmental contaminants onto the USPS Property. Further, City shall comply with all environmental laws when performing any activity within the TCE Area or on or around the USPS Property generally. 10. Prior to the expiration or termination of this Agreement, City shall restore the TCE Area to in as good condition or better than it was in prior to City's entry, subject to the USPS Property Improvements, and remove all equipment and materials secure the site and any structures removed or damaged by City in the course of performance of the work. PART B —THE UNITED STATES POSTAL SERVICE ASSIGNMENTS TO BE PERFORMED BY USPS AT USPS'S EXPENSE: 1. USPS agrees to execute the public use easement for Parcel 11-1 as shown in Appendix 2. 2. USPS agrees to execute the temporary construction easement for Parcel 11-2 as shown in Appendix 4. L. PRINCIPAL CONTACTS The principal contacts for this instrument are: City of Bozeman United States Postal Service c/o Dr. Craig Woolard, Public Works Director c/o Mr. James Ruffing, P.O. Box 1230 475 L'Enfant Plaza, SW, Room 6670 Bozeman, MT 59771-1230 Washington, DC 20260-1862 Phone: (406) 582-2321 Phone: (202) 268-5921 CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 and 11-2 PROJECT#:4524.11402.01 Page 5 of 7 AGREEMENT between the United States Postal Service and the City of Bozeman M. 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. Attachments: Appendix 1: USPS Property Deed Appendix 2: Public Use Easement Appendix 3: USPS Property Improvements Conceptual Plan Appendix 4: Temporary Construction Easement Appendix 5: Engineer's Estimate Appendix 6: Appraisal Summary Signature Page and Appendices to Follow CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 and 11-2 PROJECT*4524.11402.01 Page 6 of 7 AGREEMENT between the United States Postal Service and the City of Bozeman THE PARTIES HERETO have executed this instrument. CITY OE BOZEMAN Date: = ' Nam rea Surratt 1 Title: City Manager I ATTEST: 01� ate. Name: Robin Crol�q I Title: City Clerk - - 3 ,I THE NI`[.D STATES POSTAL SERVICE I Date: ' N�fne: Jos ph D. Lawe "t Title: Contracting Officer ,t ,t ;t ATTEST: r t Date: d.ag Name: 6 r Title: .r r ,r r 4 CITY OF BOZEMAN PROJECT NAME:BARTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 and 11-2 PROJECT#:4524.11402.01 Page 7 of 7 ,r ` MEMORANDUM OF AGREEMENT PROJECT NAME: BAXTER- () Frig Between and Among LANE ROADWAY' IMPROVEMENTS sc *+ PROJECT#: 4524.11402.01 THE UNITED STATES POSTAL SERVICE, t 188 � OWNER OF PARCELS 11-1 and 11-2, PARCEL#. 11-1 and 11-2 AND THE CITY OF BOZEMAN GoWL E wpm--- PERSONAL MMSENTAnWS amd WAR DEED It ttp 171MI M, Tire deed is ma&by Mt6V`1t v$S.OW,iedlrWny wd Papne ckaf,it1 as Fkrs l of ant Exaft of Faceft Grat It,. .m Tite Unread same Pool Savkt.an` exsbliAment of dw beawx of rite _ _ of ow t1and Satre 09 USC 2014.dw vamw** whereas;dst Lau VM n 4 T of Eugm OW it.wxs mate and execo d in dw lifatim of dso d colon, u ich wid was aidy adanimd to pmbW by the Dt riot Co„m to wW for&a t3oorrty pftfiaiisdn,ftw of tAonratta:P vht a NOQ Up 83•I00. �lherams, Graf m dnty apporr>�!F+assansi ivt at said Esr:tt r>s Au�iira Zx,1tlFSl. and is rxrw a}uu&d atxr string ffi Now.1'rtererhm.paw io drt pd'*t"t;onkrred upon dranmr Socaaw Gtaf tQ as rcr"ml ReW4woadvt by abt prOWE Cnda,tararraot Buyo:ne CbW 1110 PfrrWW DgWCUrrradvt and Gnrxar tiezrxvieve S.OW do htreby ZMN,"ant. sadl.Convey,wamot and confirm urea sand Gar for valve rbosived.&a ft,?Mwing dacr*vd property shwa in Grown +,fdorrssorr, ,rks 8055 Vast Tufts Ave, Suite 400, Denver Co 80211-1881 Trot GiR<CicninmVe of Survey No.19791000W to SE 114 and NE 114 e f Sm6 m 33,Township 1S lrangt 519. F.14-M.Aceordiog to+tat oftW pia dursaf on fide and of rbmd hr ebe arffne of dre Gan um Cmmt1+Cleft sad Jtemrdar. Tagexhtf wide arty VA all water and waau rights t"and or spinmevam to dx property,cawing army ssuruce fightt ply possassed by t rantors.xod wbkh b hereby t*mved by Qrarrcors. 1'dtsuatd to Pbsn1 Sm ice Regalatierr, p,eperey ahcrwlsc deEcn'bal sa€f ewer record survey at auitows: t . Soo Asuoied Eahibk A TO HAVE AND TO HOLD the said pmsakes,wide dv k xppat untom untotbe raid Qtaratvd.ifs soo'.te wrt and awitm fife ver. ID ,� Jlaad eta raid Graemrt o!a trerxhy covtnstta m an d vide the gmnw.due trey arc ft awntrs in far ymtpIc of said pranlses;dsar ra fret v�r they A rMM til an ms-M.U, earl. s. riireesotm, muictio", tartn•nt!atd r eacambnma ref record or assented agahm above drKrA If OUT they will warrant and defend de sanfe from a!! w titi cuims*itrswrotr; J 4W Addfla_ W.ss liersanal Reptesenorive r of ft Ib of EVasM OR",7R. GENEVIM S.OR" SUM Of MONTANA Couwy of The*nnolnp fee numi a wear w4mowledge4 bofort ate.it NoUry hblk 41 ae d for said Suss persnmmy apgtartd EUGtn OW.M,as petatorsyl Repmomulve of tht Estes of fUOFNB GRAF.1R,hove to me to be dw pomm whose mrtrrt is a*4crr`bd to the widtht hinmtrat real vA"0odged to rise Ail to etreasnd du same on behatf of dw Esnue of P,ugrme tlrxf Jr. fro" bty=mWim,tatgirtrs_.__ 11-12-98 erR TVr' Whores my band tad chkW sal- No ury iia Residing at Bozeman, Nonta PEAL STATE t7tp �Q �:�, a� CourtTY C F CQULA'I ICY 4jyr lVA7tv'o `tea The forr:oit itatr uftwot was acknowlWeed bette a*.a Notw P bft kr and far said Smw personalty ( 1V13�t74�od'�4ENTV IEVE 8.GRAF,3utown to m%be dk pb"n rrbosrr num is xAtcr#aoi to dw rhbin intwtatmo*and u*o&wWpd ra ma drat oe fete;bane. 'bey Commission tutpirr»:_ 11- 8I a Witness trip tetrad tad ofiSciai seal. tiorary N Resfdirt8 at Bozeman, Motet OOTA,¢f`., AL 30 OP POOR 10 Beginning at a point which bear% S 89 degrees 22130". W a distance of 1377,46 feet from the southeast canner of said snctiot 35; Thence from said True Point of Beginning along the **uth lime of said Section 35 S 89 degrees 22'30" W a distance of 450.00 feet; Whence N 00 degrees 37'30" W s distance o£ 58.0.00 feet; Thence 0 99 degrees 33'3.00 E a distance of 4SOA0 feet; Thenve 5 00 dtgrees 37'30^ 8 a dist"ce of Sao y 00 feet tw the. True Point of Beginning. Said Tract being 5.992 acres along with and subject to any existing easements 341614 eUneu " We 41 owl CM*of ca1T .$id"ad w I.f....1 1 °' .'and recorded Ift 000k 17.1. 9 Iccrder. RTs AMERIGAN LAND TITLE CO. FE « $12.09 f f „t f i PROJECT NAME: BARTER MEMORANDUM OF AGREEMENT Between and Among LANE ROADWAY IMPROVEMENTS THE UNITED STATES POSTAL SERVICE, PROJECT#; 4a24.114U2.0� r � ¢ OWNER OF PARCELS 11-1 and 11-2, PARCEL#; 11-1 and 112 AND THE CITY OF BOZEMAN ooWL Boz PROJECT NAME.BAXTER LANE �titi may• CITY OF BOZEMAN RDADWAY IMPROVEMENTS Engineering Division PROJECT#: 4524.11402.01 Public Works Department @� 88 PARCEL#:11-1 PUBLIC USE EASEMENT t7 a W 1. PUBLIC USE EASEMENT This PUBLIC USE EASEMENT, the "Easement"), granted this { �` day of 20 , by the United States Postal Service ("USPS"), an independent establishment of the executive branch of the Government of the United States, 475 L.'Enfant Plaza, SW, Room 6670, Washington, DC 20260-1862 (the "USPS"), to the City of Bozeman, a Municipal Corporation of the State of Montana, (the "City"). The designation USPS and City as used herein shall include said parties, their heirs, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context. RECITALS A. USPS is the owner of a tract of land and improvements in Gallatin County, Montana located at 2201 Baxter Lane in Bozeman, MT, (the "USPS's Parcel"), and legally described in Exhibit 1, attached hereto and incorporated herein, at which USPS operates the Bozeman Main Post Office. B. City has determined that a permanent easement over portion of USPS's Parcel, ("Easement Area"), described as follows: A public use easement to the City of Bozeman, located in Tract C-1B of Certificate as set forth on Survey 1979, located in the SE'/a of Section 35, Township 1S, Range 5E, P.M.M., Gallatin County, Montana, recorded March 5, 1997, Official Records, and being further described (pursuant to Postal Service Regulation) as follows: Beginning at a point which bears S 890 22' 30" W a distance of 1377.46 feet from the southeast comer of said Section 35; Thence from said True Point of Beginning along the South line of said Section 35, S 890 22' 30" W a distance of 450.00 feet; Thence N 00' 37' 30" W a distance of 580,00 feet; Thence N 89' 22' �0" E a distance of 450.00 feet; Thence S 00037'30" E a distance of 580.00 feet to the True Point of Beginning, more particularly described as follows and as shown on the attached Exhibit A; Said public use easement is more particularly described as beginning at the southwest comer of the easement herein described, being a point on the north right of-way of Baxter Lane, from which point the south quarter corner of Section 35, T1S, R5E, P.M.M., bears S 0° 58' 53" W, 30.00 feet to the south section line of Section 35; Thence N 89' 01' 07" W, 819.83 feet along the south section line of Section 35, said point of beginning; Thence, from said point of beginning, N 00 56' 39" E, 20.00 feet along the west line of tract C-113; Thence, S 890 01' 07" E, 449.85 feet to the east line of tract C-1B; Thence, S 0° 56' 39"W, 20.00 feet along the east line of tract C-1 B to the north right-of-way of Baxter Lane; Thence, N 89'01' 07"W, 449.85 feet along the north right-of-way of Baxter 1 1 CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 PROJECT#:4524.11402.01 Page 1 of 7 Lane to the point of beginning, and containing 9,000 sq. ft., more or less, and as shown on Exhibit 2, attached hereto and incorporated herein. is reasonably necessary for the reconstruction of Baxter Lane, ("Roadway Improvements"), as part of construction activities related to roadway capacity and safety improvements including roadway surface, sidewalk, curb and gutter, and utilities, hereinafter called the "Project", which Project is described in final design and construction plans dated May 5, 2016 under City Project #14509.000, ("Final Plans"), which are on file with the City and are incorporated herein by reference. C. USPS and City set forth their respective rights and obligations for an Easement on USPS's Parcel. For and in consideration of the mutual promises set forth herein and the sum of ten dollars, ($10.00), and other good and valuable consideration, received in hand and acknowledged by the USPS, the USPS and City covenant and agree as follows: AGREEMENTS 1. USPS hereby grants, declares, establishes and creates for the benefit of City a perpetual, non-exclusive easement over, under, along, across, and through the Easement Area, for the purpose of reconstructing Baxter Lane including roadway surface, sidewalk, curb and gutter and any required underground utility structures, which is related and necessary to the completion of the Project and public use, together with the rights of the City to maintain such roadway, sidewalk and utility improvements. Minor roadway widening is required to provide the additional pavement width along this portion of the Project. New sidewalks and boulevards will be installed in front of the USPS's Parcel to provide enhanced pedestrian access, including the reconstruction of pedestrian ramps. The two existing driveway entrances to the Bozeman Main Post Office will be reconstructed with this Project at their existing respective locations. New luminaires will be installed along Baxter Lane for enhanced roadway lighting. In the event the City shall use the Easement Area for any purpose other than that set forth herein, the City shall be in breach of this Easement. In the event of such breach, USPS shall notify the City in writing of the precise nature of the breach; email notice to the City is specifically allowed. City shall remedy such breach within three (3) days of its receipt of USPS's written notice. In the event the City fails to remedy such breach, the USPS has the option of terminating this Easement by providing written notice to the City that the Easement is terminated and recording a discharge of the Easement in the property records of Gallatin County, in which event, City shall restore the Easement Area to as good or better condition than that prior to this Easement at no cost to the USPS. If the Easement is terminated in accordance herewith, the City agrees that it will execute any discharge, affidavit or other agreement required to remove the Easement as an encumbrance on USPS's Parcel. 2. All work performed by City or its contractors hereunder shall be coordinated with the postmaster and performed in full compliance with all applicable local, state or federal statutes, rules, regulations, orders, codes, directives, or ordinances and any binding judicial or administrative interpretations thereof or requirements thereunder and City shall obtain all necessary local, state or federal permits, licenses and approvals necessary for the conduct of such work. In addition, for all cure and maintenance related activities, the locations of relocated fixtures, materials used and work to be performed within the Easement Area must be approved by USPS. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 PROJECT*4524.11402.01 Page 2 of 7 3. City, and/or its contractors, at their sole cost and expense, shall maintain and keep in effect during any and all construction or work activities within the Easement Area insurance against claims for personal injury (including death) or property damage, under a policy of comprehensive general public liability insurance, with such limits (through basic coverage plus umbrella coverage) as may be reasonably requested by USPS from time to time, but not less than $1,000,000 in respect of bodily injury (including death) and property damage, which amounts shall be adjusted upon reasonable request of USPS from time to time to amounts which are normal and customary for similar operations. Such policies of insurance shall name USPS as an additional insured. The policy shall provide that it shall not be cancelable nor may it expire without at least thirty (30) days' prior written notice to USPS. Prior to the commencement of the construction under the Temporary Easement, there shall be delivered to USPS a certificate of the insurance carrier certifying that the policy so delivered has been issued and is in effect and the duration thereof. At least thirty (30) days before any policy shall expire (10 days for non-payment of premium), City shall deliver to USPS a replacement certificate, and at least twenty (20) days prior to the date that the premium on any policy shall become due and payable, USPS shall be furnished with satisfactory evidence of its payment. 4. During any and all period(s) of its Project activities and after installation of any improvements, City shall be responsible for maintenance and repair of the Easement Area and improvements, which shall include but not be limited to roadway maintenance, snow and ice removal from the roadway, grading, and paving. In addition, City shall be responsible for City's equipment and facilities, and any and all costs related thereto. In the event the City fails in its responsibility to maintain and repair the Easement Area as set forth above, upon reasonable notice and opportunity to cure to City, USPS shall have the right to perform such maintenance and/or repair, and shall be entitled to recover its costs from the City. 5. City, by acceptance of this Easement, agrees for and on behalf of itself, its agents, servants, employees, invitees, and contractors who may at anytime use, occupy, visit, or maintain said Easement Area that USPS, shall not be responsible for damage or loss to property, injuries, or death, which may arise from or be incident to the use and occupation of the Easement Area as granted herein to City, its agents, servants, employees, invitees, and contractors. 6. City, by acceptance of this Easement, agrees to indemnify and hold the USPS, its successors, and assigns harmless against any and all claims, demands, damages, costs, expenses, and legal fees for any loss, injury, death, or damage to persons or property which at any time is suffered or sustained by USPS, its employees, the public, or by any person whosoever may at any time be using, occupying, visiting, or maintaining the property that is the subject of said Easement, or be on or about the property that is the subject of said Easement, when such loss, injury, death, or damage is asserted to have been caused by any negligent act or omission or intentional misconduct of the City or its agents, servants, employees, invitees, or contractors or by the breach of this Easement by the City or its agents, servants, employees, invitees, or contractors. In case of any action or proceeding brought against the USPS, by reason of such a claim, upon notice from the USPS, City shall cover the cost to defend such action or proceeding. The USPS shall not be liable and the City waives and releases the USPS from all claims for damage to persons or property sustained by the City or its employees, agents, servants, invitees, contractors, or customers resulting by reason of the use of the Easement. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 PROJECT#:4524.11402.01 Page 3 of 7 7. USPS reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted. During any and all period(s) of its Project activities, City agrees to provide the USPS, its employees, customers, and the public with continual and uninterrupted access to the Bozeman Main Post Office. Further, City agrees that during any such period(s), USPS's operations shall not be interrupted, disrupted or otherwise impeded as a result of such activities. In the event USPS, its employees, customers, or the public are not provided with continual and uninterrupted access to the Bozeman Main Post Office, or in the event USPS's operations are interrupted, disrupted or otherwise impeded, City shall be in breach of this Easement. In the event of such a breach, USPS shall notify the City in writing of the precise nature of the breach; email notice to the City is specifically allowed. City shall remedy such breach within three (3) hours of its receipt of USPS's written notice. In the event the City fails to remedy such breach, the USPS has the option of terminating this Easement by providing written notice to the City that the Easement is terminated and recording a discharge of the Easement in the property records of Gallatin County, in which event City shall restore the Easement Area to in as good condition or better than it was in prior to City's entry at no cost to the USPS. If the Easement is terminated in accordance herewith, the City agrees that it will execute any discharge, affidavit or other agreement required to remove the Easement as an encumbrance on USPS's Parcel. 8. Notice: Prior to performing any activity within the Easement Area, City shall provide USPS with at least 48 hours prior notice before entering the Easement Area. For purposes of notices set forth herein, addresses are: City: City of Bozeman USPS: USPS HQ Attention: Public Works Director Attention: Easement and Right of Way P.O. Box 1230 Specialist 2090 Stadium Drive 475 L'Enfant Plaza, SW, Room 6670 Bozeman, MT 59715 Washington, DC 20260-1862 With a Copy To: USPS Attention: Postmaster 2201 Baxter Lane Bozeman, MT 59718-9998 9. In the event City fails for any reasonable period of time to exercise the rights and privileges herein granted, or in the event City terminates the Easement, all such rights and privileges shall cease and the Easement herein granted shall revert to USPS. 10. Any claim, controversy or dispute arising out of this Easement shall be governed by applicable federal law. 11. USPS does not warrant that the Easement Area is suitable for the purposes set forth herein and City hereby waives any express or implied warranty on the part of USPS. USPS has no knowledge of subsurface conditions and makes no representations as to soil types, existence of underground utilities, or any other latent conditions that may impact City's use and enjoyment of said Easement. 12. This Easement is granted subject to any and all restrictions, covenants, other easements, encumbrances, liens of any kind, leases, and interests of others, including rights-of-way for roads, pipelines, railroads, and public utilities, whether or not matters of public record. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 PROJECT#:4524.11402.01 Page 4 of 7 13. City is not permitted to discharge storm water runoff within the Easement Area or USPS's Parcel generally. Such prohibition shall include, but not be limited to, discharging silt, hazardous materials or other environmental contaminants within the Easement Area or USPS's Parcel generally. Further, City shall comply with all environmental laws when performing any activity within the Easement Area or USPS's Parcel generally. In the event that any hazardous materials or other environmental contaminates are discharged by the City, its employees, agents, contractors or invitees, the City shall be solely responsible for the cost of any remediation or clean up required by applicable law or regulations and shall indemnify and hold the USPS, its successors, and assigns harmless against any and all claims, demands, damages, costs, expenses, and legal fees incurred by USPS in connection with or related to any such discharge, remediation or clean up. IN WITNESS WHEREOF, the parties hereto have executed this Easement of the day and year first above written. Signature and Notary Pages to Follow CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 PROJECT#:4524.11402.01 Page 5 of 7 USPS: Unit tates Postal Service 1 By: �< Its: ontract ng Officer STATE OF )SS. N County of CZ4�-OeO ) I On this 2-3 day of Ce personally appeared before me Contracting Officer who being by me duly sworn, did say that. L he/she represents the United States Postal Service, and acknowledged to me that, acting under I a delegation of authority duly given and evidenced by law and presently in effect, he/she executed said instrument as the act and deed of the United States Postal Service for the I purposes therein mentioned, I SEAL NOTARY/PUBLIC i My commission expires: a 1 3. ?-swa . I �.�..• ELEANOR A LAPERCHIA Notary Public, North Carolina Randolph County My_C�4misS EX�pIFES I ��Latj t2w� ,I .I <f I I CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 PROJECT#:4524.11402.01 Page 6 of 7 .............. .................... ....... CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, Grantee herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby consents and agrees to the obligations set forth in this instrument and accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof: CITY OF BOZEMAN Date: By: Andrea S-ratt City Manager ATTEST: IV -—A BY: Robin Crough City Clerk ;�Iv STATE OF MONTANA )SS. County of Gallatin The foregoing instrument was acknowledged before me this -a± day of 20__(E by Andrea Surratt and Robin Crough, known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to this instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. IBIRENDA SWEENEY Notary Public Nota�Puli�Inand��h�2/.te��� for 0 A 4__for I M Com mission xp Z e State of Montana for the y E ires. Residing at: S EA t Bnzernan, Montana My Commission Expires: D D ecernber 02,2018 CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 PROJECT#:4524.1 UO2-0i Page 7 of 7 ' EXHIBIT 1 PERSONAL X"MENTATTWS md WARRANTY DEED 114 load is nrado by t3ENBAr M S.t'iW,iWlvkbnally and rupme On f.m as ftrsoml dvc of lhe EsMM of�em t�raf.Jr., , Grimm w tree tTnired sails Posal Service,aa' ejub9thmm of to emmOn branca of ft vrmomem of fim Udad Si+lbe(39 vac 700.dw trume ** vbemn.dye Lau W13 vA Tvm*rAnt*fSgvmGW It.was traft mAcxacuftd in dw 1if+thm of ass decedent, which Wirt w:s daly admimd to probate by the ilisrritt carry in mW ft cba r aunty oTQal n,Sou of Mom ns.Prtsbam NO. Vp"-l0l. md i#4iheress:titaemr crarFa +.°me�appointed Ptrcasal rvt of said Fistatd cs Ausliut ZE,1i4$3, k now gaa#ilitd and acting in sa d Nosy.'i3;erer=,pant a she pq*m omferrtd wotk#iraosar l nme Qeaf in as Pkrsml Bcpl+um"4ve by the I teftte tads.Gmneot'Evxcm OW m as fereoeaf leptcuitadrs and Gmamr Genevkn S.+Graf do b"&y Smm,'hargaia. sdr.convey,wariest and rorlf4rtn um uM Gnnwe Tor value raeived,dw fbMwinz descr%M propsrey sfntste is daliadn tetxay,Ma4taas.m.rk *a 8055 East Tufts Ave, Suite 400, Denver GO 80257-18$1- Trui C-18,£krt'slkm of Swvcy No.14't9 lotattd Is SE 114 and NE 114 of Sot►xa 33.Townsbip iS VA nit 5E, P.M.K Actordlig to rho af4l W plat ducmot on 8k and of rt wW In me atfim of dae Gallatin Comay Clerk and l ecoder. Togtthcr Wish am amen all water tad wmt v4his arxi tad of appunenam to fire property.EgchWmj only ssudicu r4htt prestrtdy"w5ssd by Gramors.asd whkh#hereby ramved by r3r mom. Purmmm To Pastel Savies Regalatrr,n,die pmpem is olbcmim docribed m a ran-record survey as fotla as: Sao Amciled Fxhibit A 1 ID Tat RAVE ANO TO HOLD rise laid premises:wills tlrair zgpuruearntc voto tba said pram..Its tococltsors mad assures ibmm. C. CaAW date uid Gr=wn do hwaby covems m and aA dto panme.dial fty amr d a owoers in fit:simple of said prcmlas:than dwy an free Trom all eomtbrtm"except an ease+i+tots,UOMWO, Oakes. airetmenu, restrkd&", cove anu&to$ i encumbruw a efrteord orasseued agaknt frlboft pftepeatey that they will warmer and dekad die aft from all favfuf ctaitns wlsstwever. OW M.as f'crsamt Itepramm im t� .Agdtt of EUGENE GRAF,HL GENEVtM S.C,3tIlP STATE Of MONTANA COUNTY OF Tho forwin'W insirum m was utkisawledgtd belbrt tit.a Notary tiiblk in XM for said:Etta pct5mmuy appeaarai EU NE (get-M.as Peraonai Rtpmefflmdve of the Estmte of EUbENE GR.AF.IR.blown to test to be the pet"A whoft taamt is vjbxrlbtd to the*hhIn hi mlmW mnd acknow)edW to t e licit to atembd the same an babatf of tax Faun:of Pnigem Grof Jr. {,.. {,' ycy trxpiret: .;.:�. ,.,,,_.�..„ t•, G' lliiiUi Sy RA Wi avu ray hod tad official Sul. N ' «+tl' bile �► pTA,p j•;�y'o� > Resfdi.ng at $ozeman, Montal}' IttSEAC. STATE OF: QNTANA C`ffFlNtY0! OAIiAlIN gy orNit T k ibrayal"kottumem was acirra*MrW bafbre ff*.a Nbary Palk in and far saki Sam ptowrsaUjt'i( t tkcd ell V iEVE &r3>tAlr.known toed to be dye pawn wbm mm is VA�m ft vld+ie iftWvrrtatrr wW mekttowfsdgcd fo tns that 06 emeved rim 11-I2•9B f' my owmWWWn cxpkiss:_ ST RAIh 46 Whsmu trey tWA acid ofii W€sal. Nowy Put ,....I. l6 .. Reatding at Botetion, Monk: �i �T'� f `•`�'s4� r t , f9 ttLr��' OF EXHIBIT A flt 171FAU4710 13I? a maq CW_ Pool MOTOCAAMC QU Beginning at a point which beam S 89 degrees 221304 W a distance of 1377.44 feet front the southeast comer of said Section 3$ Thence from said True point of Beginning along the eouth line of said goceion 35 S 89 degrees 22'30" V a distance of 450.00 feet: Thence N 00 degrees 37'30" *0 e distance of SM OO feet; Thence N .89 degrees 22130" E a diatampe of 45040 feet; Thenoe S 00 degrees 37130" E a dicta ce of 580'00 feet to this True Paint of Beginning.. Said Tract being S.992 acres along with and subject to any existing easements. OW tYf of cage".$1 Ned fit 8t .,and recorded to Back -52i . .S . Re or, RT: AMERICAN LA14D TITLE: Co. FE $12.00 1 1 1 \\\ \\\ \\\ Current Owner: \ \\\ \\\ \ \\\\\\\\ \\ The United States Postal Service'22 \\ \\\ \\\\\ \\\\\\\\\\\ 1 Baxter Lane Bozzeman,MT59715 \\\\\\\\\\\\\ TRACT C-1B OF COS 1979 \\\ \\\ \\\\ \ \\\ \\\ \ SEC.35,T1S,R5E \\ \\ \\\L1 N 0*66'39"E,20.00 FEET \\\ \\\ \\ \\\\\\\\\\\L2 S89°01107"E,449.85FEET \\\\\\\\\\\\\ \\\ \\\ \\L3 S 0-56'39"W,20.00 FEET \\ \\\ \\\\ \\\\\\\\\ 44 N 89'01'07"W,449.86 FEET \\\\\\\ \\\\ \\\ \ EXIST\NGPROPERTY LINE \PARCEL 11-1 PUE\ \\ENEW ASEME PUBLIC USE \\\\\\\\\\\\\\\ EXISTING UTILITY \\ \ \ \\ \\ \\\ \\\ \\EASEMENT \ \ \ \\\\\\\\\\\\\\\\\\\\\\\\\ \\\\ 'EXISTING \\ \\ \\\ \\\ \\ \\\ \ \ \\ \\ ._. . . ..., .. .. BAX ET R LA R/W Legend ® Existing Easement 40 0 40 eo New Public Use Easement N scME IN tgr \•7\1 Area Remaining A public use easement to the City of Bozeman, located in Tract C-1B of Certificate as set forth on Survey 1979, located in the SE'/4 of Section 35,T1S, R5E, P.M.M., Gallatin County, Montana, more particularly described as follows; Beginning at the southwest corner of the easement herein described, being a point on the north right-of-way of Baxter Lane, from which point the south quarter corner of Section 35, T1S, R5E, P.M.M., bears S 0°58'53"W, 30.00 feet to the south section line of Section 35; Thence N 89° 01' 07"W,819.83 feet along the south section line of Section 35, said point of beginning; Thence,from said point of beginning, N 0° 56'39"E,20.00 feet along the west line of tract C-113;Thence, S 89° 01' 07" E, 449.85 feet to the east line of tract C-16; Thence, S 0°56' 39"W, 20.00 feet along the east line of tract C-1B to the north right-of-way of Baxter Lane;Thence, N 89°01'07"W,449.85 feet along the north right-of-way of Baxter Lane to the point of beginning, and containing 9,000 sqft, more or less. Right of ray Required for Baxter Lane and Lf�BIT T: 4n 13C2A1 9 Y 9 zrz 4l Davis Lane Roadway Improvements D D W L City of Bozeman,Montana 2 sc9ossaoa,�oR.4 B.xwan,MCMena59i15 PARCEL 11-1 a' MEMORANDUM OF AGREEMENT PROJECT NAME: BAXTER "i Between and Among LANE RdADWAY IMPROVEMENTS S? 7 = PROJECT#: 4524.1.1402.01 THE UNITED STATES POSTAL SERVICE, OWNER OF PARCELS 11-1 and 11-2, PARCEL#: 11-1 and 11 2 6 rr AND THE CITY OF BOZEMAN 41 bOWLI Current Owner: The United States Postal Service 2201 Baxter Lane Bozeman, MT 59715 \ EXISTING PROPER LINE \ ------------------------ PARCEL 11-1PUE \ \V� NEW PUBLIC USE \\ \ \\ \V PARCEL 11-2 TCE - A NEW TEMPORARY V CONSTRUCTION V� EASEMENT* EXPAND PARKING LOT \ t` AREA.REMOVE �T EXISTING TREESILANDSCAPING EASEMENT AND RESET LUMINAIRE " BAXTER LANE - r_ n RANLEGEND '.. ® E%ISTING EASEh'ENT ',. NEY/EASER4ENT CITY OF BOZEMAN R/W ACQUISITION 'NeN t 7 UNENOUI:pEREDREl1ALNOER NEVI PUpLIC USE EASE!/ENT p,400 SOFt '■ ---- EX�BTiNG ROVJIME NEW TENf.CONST.EASEIAENT 14bBT 5QFT v E%ISTIRGM-ERWLWE 40 0 40 80 NEYJPUBUCUSEEASENENT SCALE H FEET NE4'/TEIAP RY CONSTRUCTION E SVA04T RIGHT OF WAY REQUIRED FOR BAXTER LANE AND PROJECT 4524.11402.01 DAVIS LANE ROADWAY IMPROVEMENTS DATE 12/22/2016 D O W L CITY OF BOZEMAN,MONTANA G�, BmvaRMaSn�597i6 PARCEL 11 APPENDIX 3 MEMORANDUM OF AGREEMENT PROJECT NAME: BARTER" , Between and Among LANE ROADWAY 1W kOVEMENTS PROJECT#: 4524:11402.01 Y =� THE UNITED STATES POSTAL SERVICE, OWNER OF PARCELS 11-1 and 11-2, PARCEL#:.114 and 117 2 AND THE CITY OF BOZEMAN tDowu `Ir E _ r - � :PROJECT.NAME:-BAxfEIiI.ANE I 'fir CITY OF BOZEMAN IRoADWAY IMpi20VEMENTS Engineering Division PRbJECI'# 452411402 01 Public Works Department PARCEL#:112 TEMPORARY CONSTRUCTION EASEMENT 6. TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT ("TCE") granted this day of � 1u i-( �f , 20- by the United States Postal Service, an independent establishment of the executive branch of the Government of the United States, 475 L'Enfant Plaza, SW, Room 6670, Washington, DC 20260-1862 (the "USPS"), to the City of Bozeman, Montana, a Municipal Corporation of the State of Montana, ("City"). The designation USPS and City as used herein shall include said parties, their heirs, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as required j by context. WHEREAS, USPS is the owner of a tract of land and improvements in Gallatin County, Montana located at 2201 Baxter Lane in Bozeman, MT , (the "USPS's Parcel"), and legally described in Exhibit 1, attached hereto and incorporated herein, at which USPS operates the Bozeman Main Post Office. i WHEREAS, City, in consideration of the grant of a public use easement to the City by USPS, has agreed to perform the USPS Property Improvements (as defined below) and I has determined that a temporary non-exclusive construction easement over portion of USPS's Parcel, ("TCE Area"), described as follows: f A temporary construction easement to the City of Bozeman, located in Tract C-18 as set forth on Certificate of Survey 1979, located in the SE% of Section 35, Township 1S, Range 5E, P.M.M., Gallatin County, Montana, recorded March 5, 1997, Official Records, and being further described (pursuant to Postal Service Regulation) as follows: Beginning at a point which bears S 89° 22' 30" W a distance of 1377.46 feet from the southeast corner of said Section 35; Thence from said True Point of Beginning along the South lime of said Section 35, S 89° 'j 22' 30" W a distance of 450.00 feet; Thence N 00' 37' 30" W a distance of 580.00 feet; Thence N 89' 22' 30" E a distance of 450.00 feet; Thence S 00037 '30" E a distance of 580.00 feet to the True Point=of Beginning, more particularly described as follows and as shown on the attached Exhibit A; I Said temporary construction easement is more particularly described as beginning 'j at the southwest corner of the Easement herein described, being a point on the north right-of-way of Baxter Lane, from which point the south quarter corner of Section 35, T1S, R5E, P.M.M., bears S 000 58' 53" W, 50.00 feet to the south section line of Section 35; Thence N 89' 01' 07" W, 819.82 feet along the south i section line of Section 35, said point of beginning; Thence, from said point of beginning, N 000 56' 39" E, 40.00 feet along the west line of Tract C-113; Thence, i S 89° 01'07" E, 103.61 feet; Thence, S 000 56' 26" W, 26.00 feet; Thence, S 89° 01' 07" E, 346.24 feet to the east line of Tract C-113; Thence, S 000 56' 39" W, 14.00 feet along the east line of Tract C-113 to the north right-of-way of Baxter Lane; Thence, N 89001' 07" W, 449.85 feet along the north right-of-way of Baxter Lane to the point of beginning, and containing 8,992 sq. ft., more or less, and as shown on Exhibit 2, attached hereto and incorporated herein; CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-2 PROJECTM 4524,11402.01 Page 1 of 7 is reasonably necessary for the construction of certain improvements to the driveway and parking area of the USPS's Parcel, including expanding the existing parking lot by 10 parking spaces on the southeast corner of the property, adjusting the adjacent parking lot luminaires, replacing/relocating the existing USPS business sign, grading, landscaping, irrigation system, and resurfacing and tie-in of existing driveway onto Baxter Lane in accordance with the conceptual plans attached hereto as Exhibit 3, and labeled as "Expand Parking Lot Area. Remove Trees/Landscaping and Reset Luminaire" in red, and in accordance with the Final Plans (as such term is defined in the Construction Rider attached hereto as Exhibit 4) agreed upon by the parties (collectively, the "LISPS Property Improvements") . WHEREAS, the USPS and City desire to set forth their respective rights and obligations for the TCE on USPS Parcel as documented, agreed, and signed to in the Memorandum of Agreement for the Baxter Lane Roadway Improvements under final design and construction plans dated May 5, 2016 under City Project#14509.00. NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and the sum of one dollar ($1.00), represents the value of temporarily encumbering the TICE Area, and other good and valuable consideration, received in hand and acknowledged by the USPS prior to the start of the TCE term, the USPS and City covenant and agree as follows: AGREEMENTS A. Temporary Construction Easement. USPS hereby grants to City a temporary, non-exclusive easement, over, under, in, along, across and upon the TCE Area, for the completing the USPS Property Improvements. In the event the City shall use the TCE Area for any purpose other than that set forth herein, the City shall be in breach of this TCE.. In the event of such breach, USPS shall notify the City in writing of the precise nature of the breach; email notice to the City is specifically allowed. City shall remedy such breach within three (3) days of its receipt of USPS's written notice. In the event City fails to remedy such breach, the USPS has the option of terminating this TCE by providing written notice to the City that the TCE is terminated and recording a discharge of the Easement in the property records of Gallatin County, in which event, City shall restore the TCE Area to as good or better condition than that prior to this Easement at no cost to the USPS. If the TCE is terminated in accordance herewith, the City agrees that it will execute any discharge, affidavit or other agreement required to remove the TCE as an encumbrance on USPS's Parcel. B. Term. This TCE shall commence on upon the date granted, provided that it has been fully executed and the City has paid USPS the consideration referenced above. This TCE shall expire upon the City's completion of the USPS Property Improvements or by December 31, 2019, whichever shall first occur. Upon the expiration or termination of the TCE, all of the rights and benefits of City in this TCE shall automatically cease and be of no further force or effect with the exception of the Construction Rider, attached hereto incorporated herein as Exhibit 4, the terms of which shall remain in effect until the warranty period expires one year from completion of all work in paragraph 1 of this TCE. C. Duties. 1. All work performed by City hereunder shall be coordinated with the Postmaster and performed in full compliance with all applicable local, state and federal statutes, rules, regulations, orders, codes, directives, and ordinances, and any binding judicial or administrative interpretations thereof or requirements CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-2 PROJECTM 4524.11402.01 Page 2 of 7 thereunder and under the provisions of the Construction Rider. In addition, City shall obtain all necessary local, state and federal permits, licenses and approvals required for the performance of such work. City shall relocate the sign to a location approved by USPS. 2. Prior to the expiration or termination of this TCE, City shall restore the TCE Area to in as good condition or better than it was in prior to City's entry, including but not limited to restoration as specified in Final Plans including; replacement of asphalt removed or destroyed for grading purposes; and replacement of striping, or other improvements removed or damaged by City in the course of performance of the work. 3. Interference. The USPS reserves the right to use the TCE Area for any purpose not inconsistent with the rights granted herein. The City agrees throughout the duration of this TCE to provide the USPS, its employees, customers, and the public with continual and uninterrupted access to the USPS's Parcel. 4. In the event USPS, its employees, customers, or the public are not provided with continual and uninterrupted access to the USPS's Parcel, City shall be in breach of this TCE. In the event of such a breach, USPS shall notify the City in writing of the precise nature of the breach; email notice to the City is specifically allowed. City shall restore reasonable access to the USPS Parcel within three (3) hours of its receipt of USPS written notice to remedy the breach. In the event the City fails to restore continual and uninterrupted access to the USPS Parcel, the USPS has the option of terminating this TCE by providing written notice to the City that the TCE is terminated and recording a discharge of the Easement in the property records of Gallatin County, in which event City shall restore the TCE Area to as good condition or better than it was in prior to City's entry at no cost to the USPS. If the TCE is terminated in accordance herewith, the City agrees that it will execute any discharge, affidavit or other agreement required to remove the TCE as an encumbrance on USPS's Parcel. 5. During the term of this TCE, City shall be responsible for maintenance and repair of the TCE Area, which includes but is not limited to snow and ice removal, landscaping, grading, paving and removal of all trash and debris caused by City's exercise of its rights under this TCE. In addition, City shall be responsible for City's equipment and facilities, and any and all costs related thereto. In the event the City fails in its responsibility to maintain and repair the TCE Area as set forth above, upon reasonable notice and opportunity to cure, USPS shall have the right to perform such maintenance and/or repair, and shall further have the right to recover its costs from the City. 6. Insurance. City, or any consultant, contractor or subcontractor entering the TCE Area on its behalf, shall be required to maintain and keep in effect insurance, with USPS named as additionally insured, against claims for personal injury, (including death), and property damage, under a policy of comprehensive general public liability insurance, with such limits, (through basic coverage plus umbrella coverage), as may be reasonably requested by the USPS from time to time, but not less than $1,000,000 in coverage for bodily injury, (including death), and property damage, which amounts shall be adjusted upon reasonable request of USPS from time to time to amounts which are normal and customary for similar operations. The policy shall provide that it shall not be cancelable nor may it expire without at least thirty (30) days' prior written notice to the USPS. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-2 PROJECTM 4524.11402.01 Page 3 of 7 Prior to the commencement of the construction under the TCE, there shall be delivered to the USPS a certificate of the insurance carrier certifying that the policy so delivered has been issued and is in effect and the duration thereof. At least thirty (30) days before any policy shall expire (10 days for non-payment of premium), City shall deliver to the USPS a replacement certificate, and at least twenty (20) days prior to the date that the premium on any policy shall become due and payable, the USPS shall be furnished with satisfactory evidence of its payment. 7. The City, by acceptance of this TCE, agrees for and on behalf of itself and all persons who may at any time use, occupy, visit or maintain said TCE herein granted to the City, that the USPS, its successors and assigns shall not be responsible for damages, loss to property, injuries or death, which may arise from or be incident to the use or occupation of the TCE Area. 8. The City, by acceptance of this TCE, agrees to defend, indemnify and hold harmless, the USPS against any and all claims, demands, damages, costs, expenses, and legal fees, including the cost of defense, for any loss, injury, death or damage to persons or property, which, at any time, is suffered or sustained by the USPS, its employees, the public, or by any person whosoever may be using, occupying, visiting, or maintaining the property that is the subject of this TCE, or may be on or about the property that is the subject of this TCE, when such loss, injury, death or damage is asserted to have been caused by any negligent act or omission, or intentional act or misconduct of the City, its agents, servants, employees, invitees, or contractors or by the breach of this TCE by the City or its agents, servants, employees, invitees, or contractors. The USPS shall not be liable and the City waives and releases the USPS from all claims for damage to persons or property sustained by the City, or the City's employees, agents, servants, invitees, contractors and customers resulting by reason of occupying or visiting the property that is the subject of this TCE and/or pertaining to any equipment or appurtenances being used. All property belonging to the City and any use of the TCE shall be at the risk of the City, and the USPS shall not be liable for damages to any such property or for theft or misappropriation thereof. 9. City is not permitted to discharge storm water runoff within the TCE Area or USPS's Parcel generally. Such prohibition shall include, but not be limited to, discharging silt, hazardous materials or other environmental contaminants within the TCE Area or USPS's Parcel generally. Further, City shall comply with all environmental laws when performing any activity within the TCE Area or USPS's Parcel generally. In the event that any hazardous materials or other environmental contaminates are discharged by the City, its employees, agents, contractors or invitees, the City shall be solely responsible for the cost of any remediation or clean up required by applicable law or regulations and shall indemnify and hold the USPS, its successors, and assigns harmless against any and all claims, demands, damages, costs, expenses, and legal fees incurred by USPS in connection with or related to any such discharge, remediation or clean up. 10.Applicable Law. Any claim, controversy or dispute arising out of this TCE shall be governed by federal law. 11. This TCE is granted subject to any and all restrictions, covenants, other easements, encumbrances, liens of any kind, leases, and interests of others, including rights-of-way for roads, pipelines, railroads, and public utilities, whether or not matters of public record. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-2 PROJECTM 4524.11402.01 Page 4 of 7 12.The USPS does not warrant that the TCE Area is suitable for the purposes set forth herein and City hereby waives any express or implied warranty on the part of LISPS. USPS has no knowledge of subsurface conditions and makes no representations as to soil types, existence of underground utilities, or any other latent conditions that may impact City's use and enjoyment of said TCE. D. Authorized Representative. Each individual signing on behalf of a party to this TCE states that he or she is the duly authorized representative of the signing party and that his or her signature on this TCE has been duly authorized by, and creates the binding and enforceable obligation of, the party on whose behalf the representative is signing. E. Notice. Prior to performing any activity within the TCE Area, City shall provide USPS with at least 48 hours prior notice before entering the TEC Area. For purposes of notices set forth herein, notice addresses are: City: City of Bozeman USPS: USPS HQ Attention: Public Works Director Attention: James Ruffing P.O. Box 1230 475 L'Enfant Plaza, SW, Room 6670 2090 Stadium Drive Washington, DC 20260-1862 Bozeman, MT 59715 With a Copy To: USPS Attention: Postmaster 2201 Baxter Lane Bozeman, MT 59718-9998 [SIGNATURES AND NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGES.] CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-2 PROJECT#:4524.11402.01 Page 5 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction Easement of the day and year first above written. USPS: United States Postal Service By: ,.. Its: Contracting Officer STATE OF Noekt, Qa*,)L,,.) )ss. County of 41-.:,%ZIC t ) On this day of ,r�r�r , 20 / , personally appeared before me Contracting Officer who being by me duly sworn, did say that he/she represents the United States Postal Service, and acknowledged to me that, acting under a delegation of authority duly given and evidenced by law and presently in effect, he/she executed said instrument as the act and deed of the United States Postal Service for the purposes therein mentioned. SEAL NOTAR PUBLIC My commission expires: Aadem Cis,202,0 ELEANOR A LAPERCHIA Notary Public, North Carolina Randolph County My Commission Expires CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-2 PROJECT#:4524.11402,01 Page 6 of 7 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, Grantee herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby consents and agrees to the obligations set forth in this instrument and accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof: CITY OF BOZEMAN i d�r Date: By: A -urratt City Manager ®� > ATTEST: 0 . Ay By: Robin Crough '' `: City Clerk �7'FlY Ca' STATE OF MONTANA ) )ss_ County of Gallatin ) The foregoing instrument was acknowledged before me this day of 201f by Andrea Surratt and Robin Crough, known to me to be the City Manager y Clerk for the City of Bozeman and the persons whose names are subscribed to this instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. , r ra��, swENE ;Notary Public Notary Public in and for the St to qf Montana ,he state of Montana My Commission Expires: Residing at: . FAL Q.' ticrzf;man, Montana ;iv cornn)iFsion Expires: .C';':cc•:�,�.er 02,2a18 CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-2 PROJECT#:4524.11402.01 Page 7 of 7 rt �' PERSONAL XMMENTA3TMS axd WARRANTY DEED EXHIBIT 1 'I'bi;d6ed is rtbt&b)t CENEVIE $S.GMF,isdivM ulltf no gnern Onf,M as 'ersonat tive of the IMM of E44CM Graf Jr_. .02IM M 7U VOWSfsms Pban)Swvko;ad.. e�subliahment of the tntetattive bMt of flte swerat:iw of foss)joked gtases 09 ux 201).du vwvft=** iiRteteat:dw Lsst 1v01 tad Temmm of Fortran Ow It.wits node aced kstwufed to dse uirima of oho dom%a w. which rrid was dolt admitted to pro6ttt by fire l3istriu Cam 6t arad for tfia CoueKy of t3alWn,44M of Mortars:ptttbato No. Whnre'S.Graatar EUPW Oftf M w=d4 appa)ared Pam-A i )we of slid Esum on AugW ZZ,h;", sad is now"awned and Adini us said caw"' Now.I*amilore,pyssrstett t4 the po*m f?m%rred upon Otanaat Vagaw&af in as PErsonat Rnptes effrtft by the Pfbbea Colt.Grantor EuXom Onf M as Pn tsanl Sttpf+tiemadve*a Crutmr Genevieve S,Graf do hereby;urx,bargain. sat1,trntvay,warfatr sad confirm tote Still Gfanft for vAgse rexived,do fbmwi%deecr*"pr"ty Skutt in listl:dtf Ctntsay,Matrnaa,to irk ** $055 )ast Tufts Ave, Suite 400, Denver GU 80237A881- Tract C-18,C*rufic=of Survey No.19'79 lOMOd in SE 114 and NE 114 of Steno n 33,Township tS)range SR, P.M.M.According to 4%offl W prat t wsWoa Me and of record in die office of dm Gattxin County Clerk And Recordmr. Together wkb am and An water and waxer y4bts 1"and at IPPOWMAX to the prop",texclodinsg only!suffice fithat prey possessed by Grafts ni.aad which IS hereby row---d by tlrawars. ,r PdMWM to Postal Service Re latiaa the get , property is Otherwtm dascrt`bed in s rwn•raeatd survey as faiitswsr See Aattsdted Eth;sis A 1 � TO izAW AXO TO MOLD tbo a preen tat.+Aish Breit sppw%mnCti uata ti a sad grrsifoe.3tf ss eS#brs nod amignfomer, ID And diet raid f3raetara do her:by cove rssat to one widr firs graatoa.tbst fty an acts trvmen in ft+e simpAi of said pranhes,that they aft fret±from ail o mewfibra" adapt a)i eaurm0% taxes, jjMtf*M, rout s, w Mann and ancumbranees of reared or assessed agahat above detc�due they Will Warrant and defend die f atttefrom 411 bAldw yculms wh+tttaro et. - at f'trsowt Represerutiire Y of "Ie of EUMM fa)tA3:,HL GENEYMNE S.OW $TA.T@ Of -HONTANA COUNTY OF__G�L�LATIN t Tim foraphit i*t"moawft waa w4mow11td10 befbrc are..Nouty N''blic in and fm mid Sun patsufmtty appcz"4 E1TzfM C}1t,*,N.M.as Ptmnsl Rtpremnadve of u Esuba of EUOLNR©RAP.fie,kaawa ep mt to be the person whose tuma is Subscribed to dte wWn W nfrotot sad wItttowledged ta mo thul bo aid rho sum err boMtf of the Eaun of f?ugene€haf Jr. ~ fear gym„ Sty comrrtiui,ato+axpitet:_. 1 L-12-96 What"my hand MA official set)- M ry#ubiia 0 QTAtf j •jr Residing at tozemfmn, Mostrs STAY$OF ==AM s. ESL COUINTY408 GALLATIN l ;� The fa7vgaEai ittsrrntnsent wets st:)ntoMrladtedtethre nx.a Notuy fUb11e 1tr and far sa4!Sa+e perxaa�tty,{�(�1��'.i'i�ti> �iE`tE &OW.known to ats to be the psrtofr wbow at rm is x*scnbg4 to dw rrldfln iMsft4eltatt I cart n'1,0 LI"tdod to the ow the aecued ON MM4 Rt Uy t6+Mrnnrion acpinss; I 1-129s ""` S7 Wla>saa my hsnd aad c6tt earl, Nosaty>ti '�,,:.. rT� Residing at Baaeatan, Mont- �,r. � �'jq .'�+Ilk S � R OF Tj�. ,fiCr�4' EXHIBIT A ' 1 MI'U 0 BIT A ffis ...( m 7OV $eginning at a point which bears S 89 degrees 22'30" V a distance of 1377.44 feet from the southeast corner of said Section 35; Thence from.said True point cafe ttgiTming along the south line of said Section 35 S 89 degrees 22'30" W a distance of '450.-00 feet; Thence N 00 degrees 3713011 W a distance of SAO.00 feet, Thence N $9. degrees 22130" E. a distance ref 450.00 feet; 'Thence S 00 degrees 37130 E 1 distance of S8oa00 feet t0 the True Point of Segi.nning. said 'Tract being S.992 acrts along with and subject to any existing . ems�martts,; 4161 pIATtED J ..and reed fft 6ouk 171. sir Fmorder. by RT. AMERICAR LANE? TITLE Co FE : i \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ Cur ent \\\\\\\\\\\�TherUniOed States Postal Service \\\\\\ \\\\\\ \22 \\\\\\\\\\\ 1 Baxter Lane Bozzeman, MT59715 \\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ TRACT C-1 B OF COS 1979 \\ \\\ \\ \\\\\\\\ \ SEC.35,T1 S,R5E \\\ \\\\ L1 N00-56'39"E,40.00FEET 0\ \\\ \\\ \\\\ \\ \\\\\\\\`L3 S00-56'26"W,26.00FEET \\\\\\\\ \\L4 S89-01'07"E,146.40FEET \\\\\\\\\\\\ \\\ \\\ \\L5 N 00'58'53"E,30.00 FEET \\ \\\\ \\\ \\\\\\\\\ \L6 S 89-01'07"E,199.82 FEET \\\ \\\\\\\\ \ \\\ \\\� L7 S 00-56'39"W,44.00FEET \\\\ \\\ \\\ \\�\L8 \ N89° \'\W,\\85 FEET \\ \• EXISTING PROPERTY LINEEXISTING U \\\\\\\\\\\\\\\\\\\\\\ PARCEL11-2TCE\\ \\ \\\\\\\\\\\ EASEM NTTILITY \\ NEW TEMP.CONST. \ \\\ \\ \\ \\ \ \\ EASEMENTISING \\\\\\\\\\\\\\\\\\\\\\ \\\ \\\ \EASEMENT \\\ \\\ L\ \\\\\\\\\\\\ \\\\\\ `\ \L \\\\\\\\ = \ \\ _ - \ \ \ - - _ - \ \ _ = _ --- - - �-r:_i€=e'.:=i_:;i._a%i:-i� _ii;ii__=i'_iiri:i_i__:_iii::_is= \ _ _ - ___ s = _ _ _ _ _ _ _ _ _ = _ s = v / POB BA TX ER LANE/ R/W Legend Existing Easement New Temp.Const.Easement �.N N SCALE IN FM Area Remaining I A temporary construction Easement to the City of Bozeman, located in Tract C-113 as set forth on Certificate of Survey 1979, located in the SE'Y4 of Section 35,T1S, R5E, P.M.M., Gallatin County, Montana,more particularly described as follows; Beginning at the southwest corner of the easement herein described, being a point on the north right-of-way of Baxter Lane, from which point the south quarter corner of Section 35, T1S, R5E, P.M.M., bears S 000 58'53"W,50.00 feet to the south section line of Section 35;Thence N 89'01' 07"W, 819.82 feet along the south section line of Section 35, said point of beginning; Thence, from said point of beginning, N 00'56'39"E,40.00 feet along the west line of Tract C-1 B;Thence,S 89' 01'07" E, 103.61 feet;Thence, S 00'56'26"W,26.00 feet; Thence, S 89° 01'07" E, 146.40 feet; Thence, N 00' 58'53" E, 30.00 feet; Thence, S 89° 01'07" E, 199.82 feet to the east line of Tract C-16;Thence, S 00°56'39"W,44.00 feet along the east line of Tract C-16 to the north right-of-way of Baxter Lane;Thence, N 89'01'07"W,449.85 feet along the north right-of-way of Baxter Lane to the point of beginning,and containing 14,987 sgft,more or less. Right of Way Required for Baxter Lane and PRWMT: 4824.114MA1 9Davis Lane Roadway Improvements OATS: 1222 " D O W L City of Bozeman,Montana EXHIBIT 2 twos om, mw"""n" PARCEL 11-2 Current Owner: The United States Postal Service 2201 Baxter Lane Bozeman,MT 59715 \ \ \ \\ \\ \\ \ \ \ \ \\ r PARCEL 11-1 PUE \ \ \ \ NEW PUBLIC USE VVAVA \\ \\� \\ EASEMENT 'A \� PARCEL11-2TCE \ NEW TEMPORARY l � N \ \ CONSTRUCTION \ EASEMENT EXPAND PARKING LOT -� AREA.REMOVE V EXISTING TREES/LANDSCAPING , � EASEMENT AND RESET LUMINAIRE RAN LEGEND ® E%ISTPiG EASErffNT ',,. ��', CITY OF BOZEMAN RAY ACQUISITION '��1 ��"���` Ut�NCUNBEREO REhNC10ER NEY/PUSMUSEEASEMENT 9.O Sm-T ---- EXISTING R01VtWE VV TM. ElI1 LINE NcIYTEh+P.CONST.EASEN.ENT td¢B]SOPT 40 40 BO ��� NEYl PUBLIC VSE EASEMENT , �,OM N FEET NEY/TEI.7PORARY CONSTRUCTION EASEMENT RIGHT OF WAY REQUIRED FOR BAXTER LANE AND PROJECT 4524.11402.01 DAVIS LANE ROADWAY IMPROVEMENTS DATE 12/22/2016 � DOWL CITY OF BOZEMAN,MONTANA G stia .ewls PARCEL11 EXHIBIT 3 Exhibit 4 CONSTRUCTION RIDER 1. Improvements to LISPS Parcel. City agrees to construct the USPS Property Improvements (as defined in the Temporary Construction Easement to which this TCE Construction Rider is referenced),within the TCE Area to permit the USPS to grant of the Easement to the City so that the City may undertake a project related to roadway capacity and safety improvements for Baxter Lane, including roadway surface, sidewalk, curb and gutter, and utilities, hereinafter called the"Project"or the"Roadway Improvements",which Project is described in the final design and construction plans dated May 5, 2016 under City Project #14509.00. City shall be responsible for design,construction and all costs related thereto for the USPS Property Improvements. City agrees to provide construction oversight for the USPS Property Improvements to ensure that the USPS Property Improvements are completed in compliance with the Final Plans, defined below, and industry standards. 2. Final Plans. City has provided USPS with conceptual plans to accommodate the operations of the USPS Parcel,within the existing parameters,requirements, and regulations for USPS facilities,which conceptual plans are included at Exhibit 3 to the Temporary Construction Easement. City shall provide USPS with final engineering certified drawings and details ("Final Plans") for written approval by the USPS prior to commencement of construction, which Final Plans shall be attached and made a part of this Easement Construction Rider. 3. Notice to Proceed. City shall commence construction of the USPS Property Improvements upon receipt of written approval of the Final Plans (the"Notice to Proceed") from the USPS Contracting Officer or the USPS Contracting Officer designee("USPS CO"). 4. Construction Schedule. City has provided a draft schedule,but shall provide a detail construction schedule with submission of the Final Plans,for final approval to USPS before starting work. Said improvements, shall be completed to the satisfaction of USPS no later than December 31,2019. 5. [Reserved]. 6. [Reserved]. 7. Termination for Default. a. If City refuses or fails to begin construction, or to prosecute the work with such diligence as will ensure its completion within the time specified in this Easement Construction Rider, ("Construction Rider"), or any extension thereof, or fails to complete said work within such time, City shall be in breach and USPS shall be entitled to its rights and remedies under the Agreement. Whether or not the City's right to proceed with the work is terminated, their sureties are liable for any damage to the USPS resulting from his refusal or failure to complete the work within the specified time. b. City's right to proceed shall not be so terminated nor City charged with resulting damage if: i. The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of City, including but not restricted to acts of God, acts of the public enemy, acts of Government in either its sovereign or contractual capacity, acts of another contractor in the performance of a contract with the LISPS, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes,unusually severe weather, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both City and such subcontractors or suppliers; and ii. City, within 20 days from the beginning of any such delay(unless the USPS CO grants a further period of time before completion and acceptance under the Construction Rider), notifies the contracting officer in writing of the causes of delay. iii. The USPS CO must ascertain the facts and the extent of the delay and extend the time for completing the work when, in his judgment,the findings of facts justify such an extension, and his findings of fact shall be final and conclusive on the Parties, subject to appeal as provided in the clause of this contract entitled"Claims and Disputes." Pending final decision on an extension of time hereunder,the City must proceed diligently with the performance of this Construction Rider and in accordance with the USPS CO's decision. Inability to comply with state, city, or local construction or zoning laws or ordinances, or with restrictive covenants, or obtaining financing shall not be regarded as an unforeseeable cause. c. The rights and remedies of the USPS provided in this clause are in addition to any other rights and remedies which may be available to the USPS by law or under the TCE or this Construction Rider. 8. Inspection. a. City must,without charge to USPS,replace any material, correct any workmanship or supply omitted work found by the USPS not to comply with the contract requirements,unless in its interest the USPS consents to accept such material or workmanship or omitted work. b. The USPS Property Improvements must be accessible for inspection by the authorized representative of the USPS CO to determine whether contractual requirements are being met during construction and/or acceptance inspection of construction of the facility. Failure of the USPS to identify deficient work or materials shall not shift the responsibility for correction of such deficient work or materials to the USPS. c. If the City does not replace rejected material, correct rejected workmanship, or supply omitted work,then in addition to any other remedies available to it, the USPS may terminate this Construction Rider without liability to the USPS. d. In the absence of a specific agreement,time allowed for completion of any work required under the provisions of this paragraph is limited to thirty(30) days. 9. License,Permits, Safety,Indemnification. a. City,without additional expense to the LISPS, is responsible for identifying and complying with zoning requirements, if applicable, obtaining any necessary licenses and permits required, and for complying with any applicable federal, state, and municipal laws, codes, and regulations, in connection with the performance required under or related to this Construction Rider. City must take proper safety and health precautions to protect the work, the workers,the public and the property of others. City is responsible also for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any completed unit of construction that may have been accepted. 10. Compliance With Labor Standards. City, and its affiliates, developers, contractors and subcontractors agree to comply with the Davis-Bacon Act and with applicable Occupational Safety and Health Act(OSHA) standards, to provide for similar compliance in contracts, subcontracts with States or political subdivisions thereof, and to insert the clauses in all subcontracts with private persons or firms. City,its developer, contractor or subcontractor agree to comply with the Labor Laws and a breach of this clause may be grounds for termination of this Construction Rider and debarment as a contractor and subcontractor as provided for in 29 CFR 5.12. 11. Site Conditions. City must examine the LISPS Parcel and be thoroughly acquainted with conditions thereon. The City will be responsible for site conditions including but not limited to subsurface or latent physical conditions or unknown physical conditions. 12. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this Construction Rider will not be subject to the Claims and Disputes in paragraph 23 of this Construction Rider. Such disputes must be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6,and 7. Disputes within the meaning of this clause include disputes between the City(or any of the City's developer, contractor or subcontractors) and the contracting agency,the U.S. Department of Labor, or the employees or their representatives. 13. Safety and Health Standards. a. Materials, supplies, articles, or equipment manufactured or furnished under this contract or order must conform to the Occupational Safety and Health Standards(29 CFR 1910)pursuant to authority in the OSHA, and to other safety and health requirements specified in this Construction Rider or order. b. If no OSHA standard exists, federal or other nationally recognized standards apply. Copies of current OSHA Standards are available from regional and/or area offices of the U. S.Department of Labor, Occupational Safety and Health Administration. c. If this Construction Rider or order contains a USP S standard and an OSHA standard covering the same general area of applicability, the LISPS standard governs and takes precedence,unless the OSHA standard contains more rigorous or stringent safety requirements, in which case the OSHA standard governs and takes precedence. 14. Contract Work Hours and Safety Standards Act—Overtime Compensation. If this Construction Rider provides for payments aggregating $2,000 or more, the requirements of this clause apply. a. Overtime Requirements. No developer, contractor or subcontractor contracting for any part of the contract work may require or pen-nit any laborer or mechanic to work more than 40 hours in any workweek on work subject to the provisions of the Contract Work Hours and Safety Standards Act,unless the laborer or mechanic receives compensation at a rate not less than one-and-one-half times the laborer's or mechanic's basic rate of pay for all such hours worked in excess of 40 hours. b. Violation,Liability for Unpaid Wages, and Liquidated Damages. Ili the event of any violation of Subsection a. above, City and its developers, contractors and any subcontractor responsible for the violation are liable to any affected employee for unpaid wages. City and subcontractor are also liable to the USPS for liquidated damages,which will be computed for each laborer or mechanic at$100 for each day on which the employee was required or permitted to work in violation of Subsection a. above. c. Records. City, its developer,contractor or subcontractor must maintain for three years from the completion of the contract for each laborer and mechanic(including watchmen and guards)working on the contract payroll records which contain the name, address, social security number, and classification(s) of each such employee, hourly rates of wages paid, number of daily and weekly hours worked,deductions made, and actual wages paid. City its developer, contractor or subcontractor must make these records available for inspection, copying, or transcription by authorized representatives of the USPS and the Department of Labor, and must permit such representatives to interview employees during working hours on the job. (The Department of Labor information collection and record keeping requirements in this Subsections a-d has been approved by the Office of Management and Budget under OMB control numbers 1215-0140 and 1215-0017.) d. Subcontracts. City must insert Subsections a through d of this clause in all subcontracts, and must require their inclusion in all subcontracts at any tier. 15. Contract Work Hours and Safety Standards Act—Safety Standards. a. Since this Construction Rider includes construction, alteration,repair,painting, or decorating, City may not require any laborer or mechanic to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous to the laborer's or mechanic's health or safety, as provided under standards promulgated by the Secretary of Labor under the authority of 40 U.S.C. 333 (see 29 CFR 1910 and 1926). b. If the City fails to comply with this clause,the USPS, at its discretion,may cancel this Construction Rider, and charge to the City any costs incurred to put the USPS Parcel back to its original condition. c. The City agrees to insert this Section 15, including this Subsection c. in all contracts, subcontracts and to require its inclusion in all contracts, subcontracts at any tier. 16. Omissions and Defects. If omissions and defects from the contract requirements and approved construction plans remain on the scheduled USPS date of beneficial occupancy,the USPS may take beneficial occupancy and notify the City in writing of the obligation to complete or correct the remaining deficiencies or defects by a designated date. City must complete or correct the omissions or defects by the designated date or the USPS may terminate this Construction Rider. 17. Convict Labor. In connection with the work under this contract,the City agrees not to employ any person undergoing sentence of imprisonment, except as provided by Public Law 89-176, September 10, 1965 (18 U.S.C. 4082(c) (2)) and Executive Order 11755, December 29, 1973. 18. Warrant, (Construction). a. If within one(1)year of acceptance of the work under this contract, the USPS fmds that warranted work needs to be repaired or changed because materials, equipment, or workmanship were inferior, defective, or not in accordance with this Construction Rider's terms, City must promptly and without expense to the USPS: i. Place in a satisfactory conditions all of the warranted work; ii. Satisfactorily correct all damage to equipment,the site, improvements within the TCE Area, or its contents that is the result of such unsatisfactory work; and iii. Satisfactorily correct any work, materials, or equipment disturbed in fulfilling the warranty. b. Should the City fail to proceed promptly in accordance with the warranty,the USPS may terminate this Construction Rider. 19. Design and Approval Requirements. a. Unless otherwise exempted within this Construction Rider, City must employ the services of an architect-engineer,who is licensed to practice in the state in which the facility is located,to prepare for the approval of the USPS, complete specifications and working drawings including architectural, structural,mechanical, electrical and site improvement work for the construction of the facility in accordance with all requirements included in this Construction Rider. All final drawings must bear the appropriate registration seal. All fees or charges required for architect/engineer services, for necessary permits or approvals, for connection charges, or for similar fees incidental to construction of the facility must be at City's sole cost and expense. b. All submissions required for approval by the USPS must be correlated, checked and signed by a responsible official of the architect-engineer's fnrn and must be accompanied by a certification in the following format: "I certify that all phases of this project(1)have been coordinated and checked for accuracy, (2) are complete in accordance with all applicable requirements, and(3) are in compliance with all codes and meet standard industry practices." c. All improvements and all appurtenances thereto, must be designed and constructed in conformity with all applicable local laws, ordinances, and regulations which relate to construction, safety and sanitation. The final drawings must be signed and sealed by the architect-engineer with this statement: "This Project has been designed and must be constructed in strict accordance with standard industry practices." d. The minimum requirements established by this Construction Rider must not be construed as lowering the standards established by the local, county, or state laws, ordinances, or regulations. When such local, county or state requirements are more stringent than the minimum requirements set forth in this Construction Rider,the more stringent requirements must govern. e. Approval by the USPS of any drawings and specifications constitutes approval of general arrangement only and is not to be construed as waiving or changing any requirements set forth in this Construction Rider unless a deviation,waiver or other change is specifically identified and approved by the USPS CO. £ The City must be responsible, in all cases, for the proper design and coordination of architectural, structural,plumbing, electrical, heating, ventilation, air conditioning, site elements, etc., for the project. g. Unless otherwise specified, no construction activity at the USPS Parcel may be commenced until City has received written notice from the USPS CO of approval of the Final Plans. Changes or modifications which may be required during construction must be approved in writing by the USPS CO prior to proceeding with such changes. 20. Changes (Construction) The USPS CO may at any time,without notice to any sureties,by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes: a. In the specifications (including drawings and designs); b. In the method or manner of performance of the work; Any other written or oral order(which, as used in this Section 20, includes direction, instruction, interpretation, or determination) from the USPS CO that causes a change will be treated as a change order only if the City gives the contracting officer written notice stating (1)the date, circumstances, and source of the order and(2) that the City regards the order as a change order. This notification must be delivered to the contracting officer within 30 days of receipt of the change order. 21. Indemnification by City. City agrees to indemnify and hold harmless,the USPS and its officers, agents,representatives, customers and employees from all claims, loss, damage, actions, causes of action, expense and/or liability, including the cost of defense, resulting from,brought for, or on account of any work performed under or related to this Construction Rider or any breach of any term of this Construction Rider, any personal injury or death or property damage received or sustained by any persons or property, growing out of, occurring, or attributable to including but not limited to City's developers, affiliates, contractors, or subcontractors. 22. Disputes. Any disputes that arise between City and LISPS that arise under this Construction Rider shall be subject to the Contract Disputes Act,41 U.S.C. §601, et. Seq. (the"CDA")with the exception of Section 12. �..; 13 MEMORANDUM OF AGREEMENT 'PROJECT NAME: BAxTER Between and Among LANE ROADWAY IMPROVEMENTS . THE UNITED STATESgg POSTAL SERVICE, PROJECT#:4524.11403.01 PARCEL#: 11-1 and 11-2��.�,.� OWNER OF PARCELS 11-1 and 11-2, AND THE CITY OF BOZEMAN Qow POST OPPICE PARKING LOT tXPAb;SI_0N ENGINEER`S-ESTIMATE: 1.0 ptirkiltg�p4ts v4oi asphalt`pvenr.e t RM,Y, �ngTY1PcY'p�slittt of e ?ter» No, txuartlty_ U>ilc tlesulption .6_glfPrlce Total Prue 1. 1, YS MnjallraaFi n,flnnriia ,;atssiSubmitEsi (5 Max) %,405.4U S2,669.71 L 1 iS Ctrnstructio»Surveying,fitating! i�4aYerfa}Tgsting `r3,UC!fJ:RO 53rQrxk,tH: Tt,3}fYt.Qj)ti'}Yt 3 S trosit57i4rnf'ol f>errmts- $?i.4il7,i)U: SR:Uta Ls f3 vaYettng- VOIND.00= 50.00 U EA Nl%:�}la�rteouSVrprla:. 31t34.ta�:-. .;f1_(§fJ.: 7 .t- is Trt +'R nrraN(&Triintiirr �,r`,t1Ctflt}4 $7.b1.'i.QL. 3s L5 fop oil-Strip,Saiaaaej Reuse $60,0d.00 fi ,00 '3 CA Demolition-Remove Stand#pipe: ,403.9 $0.60. it] f;S [3emolrtfott iu}�trt>a�ttirm�?rarRSy�tent. $1tY0�0 " Sfi;t�D, S Y LE Nipe P3un d;,12"PVC SUR35 $4uli 50.txt 12 I:F Pier_-Hu ed;1S"S Vt SfJR 35' $SU,t?fl 50.Ot 13 LF F}pn fluned,7t3"[>VC SDR 3 $WOO $O,t3tl 13 i;t Pipe Burit;i42 Rl('.Class $7t1:0lt <A.t5t3 15 F Npe-t WLi d;151'RCP Cla<s 4 $75_PE1 Yt.Qt€. 1fr F f?jtse•€futf s3;;3b'I£leeisfal ttt$CpACiasa $i"Ui3<C?U AM 17 iP FgaEY7lonf(tQ6 lasso $3 O;ULi (I:t1U 18 LF Pipe=fsurSed. A""[tluiv�fent INPA 525o.tf0 $0,00 19 EA Manhole�48 1;gmbjof tipn;rtarthaleJlrti 211 Eat. 3vgagit�te f�3 i ornlrftlatjan tvtar#ir�li�lnlat $4;Ut1J'00 $0100, 21 eA tnlet5tandatdStluartt._ $,S4trC1Q �;}.tI{i 22 EA -,Ofet Stoodet`ti Ri;er 52 UO,Zt.Ds3 U.UI, 23 F` filettlzybfeurt: 4.f3C1td.8k?` ;U.O ` 7A fnit-Sumpom 25 FA Outlet Central 5tftr_turc.: 5217I1£tt7tl p, ; 2 SY Grainr+e xr4rar[itQ $A.00 SU.07_27 �, PiF}4�a�ing,$yt�e2: 2o.pf3 $O.t13 29 CA ,00 28 CA Moth fvSarif}rile t a6 FA. Ar1Judi Vvattr Valve s3tKi U0 5is.UU 31 A Conne to snug Water main 47,pt7ua 5tt,9i1 32 to AernOa 4 R,0t ie?ire Iivft tt 43,OIi0.l r#: SO:DR 33 tf Fip6 Elurrec# LVat r:a am 01 '53 s. $fF,tHl s4 1. 11ipe-Uuried8'Water Main Dl dasssl $Gz:00 S+r;M 35 if PiL t Buried S7 Water(yearn UI Cla 51 �65.Ot1. �tl t)Ci: 3G i Valy f3tirietS E taate 2,oceloo $0,00 s7 t: Valvrt3trited`.BerC,ate 38 [Jt Vafke-fiurlPd12`'-Gat� 52 5�,t7#1 39, Ca3 filre HYdraitf As ereibly $SrSt ,UU $GbbC 40 t k ticswat�lt�'Frfk 41 $ifgid'St>itrf lrisulatiprs fit},tt(5 $U.f3r 42 370 LY vveiikcari.Iibn(AbaveSuhgt,rae) $t7,0 S6;1B6.go 4 " kYubex�a�aYit€r -fcep9acrtseat FlelnyvSrrY)itfulra((artpoctedfate#afs} 2?r,t}i. tt.pp, 44 278 5Y NY 'aYatr060,� CiIG-._ �R � r parr nthetr A6 147 4 Sftft Base t apcse{ "Pl+r us 210(S $$;078.7G 44 ;e t'€' ctu,5heti f}a wotopr�;e_(lit".ti$r,'10 48 16 TO lspltalt rrnGrete pa err tat Pis$8-28 $ s#{I $5,'9Utt,pll, Si P0010nd C'eme'm CnncreE £rivpn�erit 3"7jtick.- $]y i Slit: $tt.D47. Scr 5l Asp-4alt'Seaf'and 'up Cc aY 1;$41 tt.0i? tNt E(t t;;hTtttt�Y'E' POST OFFICE PARKING LOT OT PAN I I ENGINE IFE ESTIMATE 9a(parking spots mitts aspha:It pavemon _ _ _ ErSt;ineee s E�ttmat� Item NQ. Qub4ttty Unit' UesutTvon lini(Cr#ce T�tafpsee - �q 5`7 ('c?nrxe.elstdematl,6"Ylritk 65, 52 Sz CJe ct !is 4'Jarnt g f}z:=ices: $410M 50,00 53 -425 Li= L:ri#It-et �rzsi tx uktes �[izG€1: t, :7��,{tt) 54 c9pucte CG+F bk} Gmtter 55 lr TrLP.0Dtairi. 5 C ' ftctaEnin Wall816sfr S7 i£' aiip ralknetcartlrs .l4ralf 15€3.fh fl.Gk3 48 £h- t2�PcT tetliaiifiox _ s2 %06 ;000. 59 EA' T aittameait E3 ix SO 00 fi T P[#it tiEfertsictt#t1f 3. itP.c3 61 E>$ wiithpowderCoat 5 lY41 Signai l rnirioire Fa 0,6## G} Erb SeS�ce;�ss�r�b(Wi4d+�st?Ty� _ - �,kai1'-{-r.tt0 �CF.i7� _ 4;� F� SFr-Kitp Atcanitrly>�b At49i� -;r!k,ti€itt,f#p $t7•k7€8 65 EA Seivlce,Assonbly-6a6 AMP �A,CNtp.66 Sf1.€i€i G EA' it#ficS n,i 13[fit3#i4Fit ".2r01)0.00 $00 47 VA t e k'atnan.a wn r) 1idTTy, 2 ,600,:f 3S# 0 (A C:kIR10iief�3binttCOE7CfL'Lt _.. Z 6#}i 0ti 50.0d} 68 i=A Crs p iToller Caiainet�iath aitdtr gnat S?S iiC :ClJ Ttt.Qt# `70 - €k 010E of#ecrrg(fic, te1Ad[arTV0aBr__- t;ol a3_ _ 6 F 7�. Fit Pt e&ta,zin Siyrtal$tandarti �9S©O(i ;Sn Qti �? 1•.r? 'Traffic Sinai Standard,~wi th P3 ud�r. n t §S a-S t : 1.r70 7i tt tietr Saiq�g� rtiei$f�c4nI' 2CrClp:Oi# 7A to titstrttrorRadarPr€rsrn_e 7st3UttGildzsttinrtla tiie1$0€3.0t7O.Oti 7Ti Chi YagtAnWinaM- fVOO $$ 317Ci S .iit1 77 l is Ttepl'rc*'f>rivife5ian.__ S#3,$75.f)Q' 53,£iIS.Eit3 78 #5' Fa m fit itf rkii p pjs,0kho.Qfj tt0700' 7 t5 tandscapin8: S, 100.00, S#i.ttb -80 S. kk A�1Ju t5prtik(era13#e t �Z,tRlptik `7,GC$.0b TOW.PEit3}b4T.CQ5TS(k6Ui4DED): LNGIIALER,ESTWIWIt `yam ry MEMORANDUM OF AGREEMENT PROJECT NAME: BMtm, BOy Y 4 ,. y F T i Between and Among LANE ROADWAY IMPROVEMENTS � t THE UNITED STATES POSTAL SERVICE, PROJECT#:4524;11402.01 OWNER OF PARCELS 11-1 and 11-2 PARCEL#: 11-1 and 11 2 # � AND THE CITY OF BOZEMAN L�oWL I Steven A.Hall,MAI, CCIM Hall ® l �`�` ' ® ® MT,ID& WY General Certified Real Estate Appraisers & Consultants Nicholas J.Hogan,MAI �� MT General Certified 1001 SW Higgins Avenue, Suite 201 Missoula, MT 59803 Matt S.Hall Ph. (406) 721-3822 Fax (406) 721-7848 MT General Certified Steve Hall(c,hall-lviddoss.coin John. Widdoss,MAI,ARA nicklzo an a'gmail.coin Spearfish,SD 57783 inatthal176676Y;hounail.com (605)642-8844 March 17, 2016 Tony Becken-Gaddo, P.E. Dowl HKM 2090 Stadium Drive Bozeman,Montana 59715 RE: Appraisal Report-Parcel 11, Baxter Street Acquisitions. Dear Mr. Becken-Gaddo: In response to the contract located in the addenda of the sales catalog,I have prepared a project report/sales catalog as well as appraisals of the individual parcels. A copy of the sales catalog is required as part of this report as the sales and adjustment analysis is included in that document. As defined by scope of work,the project reports sales catalog will include basic market data necessary to complete the appraisal reports on the individual parcels for the two noted projects (Baxter and Oak). The appraisals will reference data in the individual project report as well as the sales catalog when preparing the individual parcel appraisals. The data and opinions in this project report/sales catalog are based on my sales research, analysis and opinions concerning the data assembled. The purpose of the appraisal is for estimating the current fair market value,before the imposition of the road easement, its current fair market value after imposition of the road easement, and an estimate of compensation due to the property owner. I have appraised the individual properties as a whole, owned in fee simple. I assume no responsibility for matters that are legal in nature nor do I render an opinion as to title. The subject site contains a gross site area of 5.992 acres located along East Baxter Lane between Thomas Drive and North 19a'Avenue. This is a rectangular shaped tract level and at grade with the surrounding streets and properties. Access is from East Baxter Lane that sets the southerly boundary of the subject property. The property is currently zoned PLI by Gallatin County and is located in flood zone X which is an area of minimal flood hazard. FEMA panel 30031C0804D effective September 2 of 2011 is a non-printed panel. The subject property is not located within the city limits of Bozeman. Bozeman city planning indicated the federal govermnent didn't want to go through the annexation process. Therefore the property was hooked up to city services but never went through annexation into Bozeman. Appraisals and Consultations in Acquisitions/Dispositions,Feasibility Studies, Partial Interests, Condemnation&Litigation,Investment Analysis. 3 The subject property is zoned PLI which is a public and quasipublic district administered by Gallatin County. The intent of the PLI District is to provide for public and quasi public. Allowed principle uses are outlined below. 1. Emergency Service Facilities 2. Cemeteries, subject to Subsection 15.06 3. Essential Services (Type I) 4. Museums, Zoos, Historic and Cultural Facilities and Exhibits 5. Public Buildings, i.e., water and sanitation facilities, other Government Buildings 6. Public and Nonprofit, Quasi-Public Institutions, i.e., Universities, Elementary, Junior and Senior High Schools, and Hospitals. 7. Publicly Owned Parks, Playgrounds and Open Space 8. Small Scale Fireless Facility The subject property represents a spot zoning that was specifically for use of the property as a federal post office. There are no other surrounding PLI zoning districts. Uses include a variety of types but this zoning is more directed toward public utility. Sale No. 3 was purchased by the Bozeman High School District No. 7 which would be an'allowed use under the subject zoning. Simply there are no sales in the Bozeman market(or any other metro area of Montana) with a similar type zoning. There have been historical sales in Missoula around Community Medical Center and Fort Missoula but nothing that relates well to the subject(older and don't have the same location attributes). I spoke to Gallatin County about the possibility of a change in zoning and also spoke with the city of Bozeman relative to annexation into the city and,a zoning change. If this property were vacant,there is a possibility it could go through the annexation process and have a change in zoning. That is actually fairly typical in the neighborhood where there are pockets of remaining open land that has not been accessed into the city. Given the subject is spot zoning and not related to the overall character of the neighborhood, I have valued the subject property on the basis of a more typical zoning for the subject neighborhood and the subject actual location. This zoning appears to be simply a result of the purchase in the late 1990's by the federal post office. It's my analysis and conclusion the sales noted in the sales catalog are consistent with the value of the subject property as zoned. Whether a change in zoning could occur is beyond the scope of this analysis but there is some possibility. Overall, there is a realistic expectation of value and the current zoning. Under general requirements, the appraisal has been prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP). The appraisal of the subject will present my findings and conclusion of the"as is"fee simple market value of the property as of the date of final inspection. Specific reference to the issue of competency is required. It is recognized that Nicholas J. Hogan,MAI has adequate current,practical experience in the appraisal of vacant land and subdivision properties in Western Montana. As such, I believe I am competent to provide this appraisal service. Hall—Widdoss&Company,P.C. — 4 Based upon my investigations, studies and analyses, my opinion of the fee simple market value of the subject site, before the imposition of the right of way or road easement, in its' "as is" condition, considering the assumptions and limiting conditions discussed herein and as of October 20, 2015 to be: FIVE HUNDRED FORTY EIGHT THOUSAND ONE HUNDRED TWENTY FIVE DOLLARS ($548,125.00) Based upon my investigations, studies and analyses,my opinion of the fee simple market value of the subject site, after imposition of the right of way or road easement, in its' "as is" condition, considering the assumptions and limiting conditions discussed herein and as of October 20, 2015 to be: FIVE HUNDRED THIRTY THOUSAND ONE HUNDRED SEVENTY DOLLARS ($530,170.00) Value of the Acquisition E Site Improvements $0 .Construction Permit $3,777 n Right of Way Easement $17,955 Depreciation of Fair Market Value ? $0 _ Cost To Cure $16 375 _ .. _ :Total Compensation $38,107 a ;Rounded $38,150 i Lessee Interest Not Applicable f Not Applicable } — Hall—Widdoss&Company,P.C. — 5 Your attention is invited to the data found within the body of this report as well as the sales catalog which is the foundation of this conclusion. The analysis and conclusions contained herein require the sales catalog for a complete understanding and compliance with USPAP. I wish to thank you for this opportunity; should you find need of this firm's services again,please do not hesitate to contact me. Professionally yours, HALL-WIDDOSS & COMPANY,P.C. NICHOLAS J. HOGAN,MAI MT General Certificate No. REA-REG-LIC-370 Expires 3/31/16 — Hall—Widdoss&Company,P.C. — 6 �o 13° � PROJECT NAME 13Ax*ntA LANE rti CITY OF BOZEMAN ROAD1tYAY INIPROVEiYIENTS Engineering Division - ' Public WorksDepartmentPR©;IECT#: 45x4'(1402: 0'1 PARCEL 4:"'12='1 and 12 2` MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT AGREEMENT has been reached this, '' day of Lf/t 201L, between JOSEPH STANISL.AO AND BETTIE C- STANIS(AO, as joint tenants, the owner(s) the W% WY W/ NE% NE% and the WY- EY2 W'l2 WY? NEY4 NE'l of Section 2, Township 2' South, Range 5 East, M.P;M, Gallatin County, Montana, being 7Y2 acres off the west side of the northeast quarter (NE%) of the northeast (NE/4), hereinafter "seller(s)" and the CITY OF BOZEMAN hereinafter "Purchaser for the purchase of said property interest(s). The amount to be paid and other considerations to be given in full satisfaction.& this Agreement are as follows: Public,Use Easement(Parcel 12-1) $ 11,642 Easement area 5,316*, (soft) Temporary.Construction Easement (2 year time period;:Parcel 12-2): $ 2,188 Easement area: 4,756* (spit) Cost to Cure, $ 10,530 Total(rounded) 1 24,400 See Figure 1 attached Other Conditions: 1. Taxes and Special Assessments, if any; delinquent from former years, and Taxes and Special Assessments for the current year, if due and/or payable, shall be' aid by the seller or sellers; 2. This Memorandum embodies the whole Agreement between the parties hereto as it pertains to the real estate,and there are no promises,terms.conditions or obligations referring to the subject matter hereof, other than as contained herein. 3. The seller(s) hereby agree(s) that the compensation herein provided to be paid includes full compensation for their interest and the interests of their life tenants, remaindermen, reversioners, liens and lessees, and any and all other legal and equitable interest that are or may be outstanding and said seller(s),agree(s)to dischar e the same. 4. THIS AGREEMENT`shall be deemed a CONTRACT extending to and binding upon the parties' hereto and 'upon the respective heirs'; devisees; executors, administrators; legal representative, successors and assigns of the parties; only when the same shall have been approved by the.City Manager on behalf of the Department of Parks and Recreation, 5 The properly transfer shall be effective upon acceptance by Purchaser,,evidenced by the execution of this Agreement by the CITY OF.BOZEMAN and payment of the purchase price: Of the total amount of compensation hereinabove agreed upon, the sum of $24 4.00 shall, be paid upon'. execution and delivery of a good and sufficient- ® Public Use Easement, 0 Temporary Construction Easement; and the balance of the compensation, amounting to.$OA shall be paid upon compliance by the seller(s)with the terms hereof. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 12-3 and 12-2` PROJECT#:4524J1402.01 Page 1 of Disbursement of funds will be made in the following manner: Seller(s) Amount of Payment Joseph Stanislao and Bettie C. Stanislao $24 400 The Seller($) certify that there are no known hazardous materials on the property. The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. JOSEPH STANISLAO AND BETTIE C, STANISLAO Q/Iz� Dater a eph Sta islao i � _ Date eWe C.Stanislao CITY OF BOZEMAN t,_ r Date: Tbc-=By' Chris Kukulski - City Manager ATTEST: Date: Z By: - -T~n 'A"City Clerk sI�77'rU. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 12-1 and 12 2 PROJECT#:4524411402.61 Page 2 of 3 SA1fTERyLAtiE Y� — fl � �� ' EXISTIN3 ` „ � ,, EIsSEMEtvT' PP,RCEL 12-1 AIIE �. NIeVPU6EIGUS@: . •'� EABEIAFNT'. :: `` ��` ftEVdT'l:MPflRA}2Y -- =� Ct7M$TRUGTIai't ., EASWEN n �X#Sl1hiGPR©P RTYUNE � - OtfrrenfOwner:- Joseph Stanislao.and Bettie C.Stnislao 2450.13.Oter Lana Bozeman,MT 69715 b RhV LEGEND j &isT-uvam-o T CITY dJF [3C}ZEMIAN RA AIA01JIS11TON « uzva+a';c use eacciJtY 3,5ti3 ii TP --•- d1�s'vc�xt.^ytue�. PiC14iFl LbhS:.E4Y_t?:.7'h u<9 mt �.— ., ' .. {{ 40 9Q ....+ .-.•�h:iYP�LIC�k�A• T ..,,,.v,,..� -.- ... 5N3E W FEEL- PROJECT 4624.11402,01 RIGHT OF WAY A80UIRED FOR SAXTER t.AN_AND DATE &12a1201 tea. DAVJS tANF,ROADWAY IlAPROVEMVNTS CITY Ot=COZEtoAN,.MONTANA. D 13VV I— FIGURE 1 -0 � n � tCEL1 001� 11�t MOWANATl7i Return to: pegs: 1 of 7 0i5t16b2015 12,,,,37 PM Fee; $46.00 DOWN SC lull!1liilllllllll Milks llllli11111ililill(111[�III6i11111111aall11111111111111illi �'I 2090 Stadium Drive Bozeman, MT 59715 4QY�o�� PROJECT NAME BAx�`eRLAN>r CITY OF BOZEMAN. ROA6 AY 1MPROVizale TS Engineering Division PROJECT# 452411402 01 ` _' � Public.Works Department PAIGEL 'I2 1 co PUBLIC PUBLIC USE EASEMENT PUBLIC USE EASEMENT THE ORANTOR(S), JOSEPH STANISLAO AND BETTIE C. STANISLAO, as joint,tenants; whose address is 2050 Baxter Lane, Bozeman, MT 59715,for and in consideration of Ten and No/100-Dollars, and other valuable consideration, in hand paid, conveys and warrants to the CITY 'OF BOZEMAN,, a Municipal Gorporation of the State;of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors or assignees, a perpetual, full and unrestricted easement and right-of-way in, over, under, along,through, and across the fallowing-described tract of land located in Gallatin County, Montana; A public use.easement to the City.of Bozeman, on a tract of land located in the W/Z W/2 WY2 NE%4 NEA and the WY2 El VN VV% NE% NE% of Section 2 Township 2' South, Range 5 East, M.P.M, Gallatin County, Montana, being 7%z acres off the West,side of the northeast quarter (NEY4) of the northeast(NE%4), more particularly described as follows-and as shown on Exhibit A; Beginning at the northeast corner of the easement herein described,.being a point on the south right- of-way of Baxter Lane, from which point the northeast corner of Section 2,T28, R5E, P.M,,M., bears N 00 58' 53"'E, 30.00 feet to the north section line of Section 2 Thence,:S 89° 01' 07" E, 1076.77 feet along the north section line of Section 2, said point of beginning;Thence, from said point of beginning; S,02" 5T 16" Wi 23.94 feet along the east line of said tract; Thence, N 87' 47' 45" W 183.77 feet; Thence, N 89' 01' 06"W, 63.62 feet to.the west line of said tract; Thence, N 02" 02'28" E, 20.01 feet along the west line of said tract to the south right-of-way of Baxter Lane; Thence, S 89 01' 07" E, 247.78 feet:along the south right-of-way of Baxter Lane to the point of beginning, and containing 5,316 sgff, more or less and as shown on Exhibit A. All improvements are the property:of the CITY OF BOZEMAN, removable at its option: The failure of the= GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right: The above-named Grantor hereby covenants with the CITY Or BOZEMAN that said Grantor has good title to the above-described tract of land and covenants that the CITY OF BOZEMAN shall have quiet and Peaceable possession thereof;;and shall have a free and unrestricted right to maintain said facilities as long as the right-of-way of which this easement area:is a part, remains a public Way. CITY OF BOZEMAN PROJECT NAME;BAXTER i ANE ROADWAY imPROVEIv ENTs Parcel 12-1 PkI QJEG-r#;4524.11402,o1 Page,i of 4 Dated this � day of 20; d OSEPH TANISLAO r &TTISTANISL A ACKNOWLEDGMENT OF GRANTORS STATE OFo � ) ss County of .� lvt ) On this 'S- day of �� , 2016, before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantors, Joseph Stanislao and Bettie C.Stanislao, known to me to be the identical individuals who executed the foregoing instrument, who acknowledged to me,that each individual executed the same as-the free and voluntary act of said company, with full authority to do sound with full knowledge of its contents,for the uses and purposes therein mentioned. IN WITNESS WHEREOF I have hereunto set my hand and affixed official seal this day and year above written. �; r C�'in and for the State of 1r7�tvo,k"< My Commission Expires: t rvY c�4; ANTE{©NY GADpd: Notary Public NarnRryt°' for the Stat of Montana ,P, SPAI * nesiding-at, aOzeman,Montana ' ol'Mo ,.�• My Comrnissld �kpi1eS: CITY OF BOZEMAN PF20JECT NAME;BAXTER LANE ROADWAY IMPROVEMENTSParcel 12-1 PROJECT :4524;11402,01_ Page 2 of 4 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, Grantee herein,,acting by and through its City Manager and City Clerk for the City of Bozeman, hereby accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof., CITY OF BOZEMAN ' v Date, 6 1�. Chris Kukulski City Manager ATTEST: x x T i s; By. Steey4AmetrarC.� jl/1i hr1'fiCr +�1�n�Gity Clerk ;: z STATE OF MONTANA �} )ss 1AC;e T. County of Gallatin ) i The foregoing instrument was acknowledged` before me this day of 20�by C m4,'Chris Kukulski and taet-Ul known to me to be the.Ci Manager and City Cle'r# for the City of Bozeman and the persons whose names are subscribed to this instrument, and acknowledged to me that they executed the same for and on behalf of they(City of Bozeman. *'mot ec � NVtGtr�a�lSv C F. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official'seal this day'and year above written. H�1�T CORIE THOMAS .i, , Notary Public in and for the t t flMo Lana 11 9s Notary Public M Commission Ex ires- 1 ;' tyO �Hbi4; -for the State of Montana y p - e u� 1AI BFlesotq ad�e,j M ntaria My Commission Expires: June 19;2W 9 CITY OFBOZEt19AN PROJECT,NAME:BAXTER LANE ROADWAY impR6vEMtNT5 PamO12-1 PROJECT#:452411402.01 Page 3 of 8AX`CEy NE - �:- \ \\\\ \\-PARCEL 12-1 PPE ENIENTC USE �. \ \ \ ,EXISTING EASEN4,ENT \\� \\E-XISTING \ \ -"PROPERTY � ��\• \\\, \N L1 S t)2°53'16"W,23.94 FEET \\ \\L2 N B7'47'45"W,183.77 FEET' \\. L.3 N 89"01'OS"W,63.6r2 FEET \ L4 N 02 02 28"E,20,01 FEET \ \\\LS S 890 41'07' E,247.78 FEET \ y',, 'W tiN1tVONEV,EI'4ANDTHE'\\\ WY2E%WV2WY2Nf.. 4NI �t tJF \' SEC.2,T2S,R5E s \\ urgent 4synert \\Joseph Stanislao_and Bettie t .Stanislao 2050 Baxter Lana. \�Eozeman,tWT 59715 ` . � R/W Legend Existing Easement 40 o 4 to New* Public Use Easeme.nt SCuU M FIXr Area Remaining A public use easernerft to the'City of Bozeman, located In the WI/WY2WfNE'JaNFY4 and the W`%EI2W2W/NE'/NE% cif Section 2; T2S, R5E, M.P.M,, Gallatin County, Montana, more particularly deso0bW as follows; Beginning at the no0heask corner of the easement herein_described, being a point on tiie south rigWof--Way of Baxter Larie,from which point the northeast corner of Section 2,T2S,R5E, P.MAI., bears_N 00'5B'53' E,30,00 fleet to the north section line of Section 2;Thence, S 89°01'07"F, 1076,77 feet along thy: north section line of Section 2,said point.of beginning; Thence,frorh said point of beginning,.S 02' 531 161 W,23,94 feet along the:east line of said tract;Thence, N 87'47' 45"W,183.77 feet;Thence,N 8W 01'06"W,0.62 feet to the west line of said tract;Thence,,N 026 02'2&' E, 20.01 feet along.the west itne of said tract to the south right-of-way of Baxter Lane, Thence, S 899 011'07" E,247c78 feet along the south right-or-vray`'of Uaxtet.Lane to th&-g6itht of beginning,and aontainfng 5,316 srvlt mare or less. Right of Vijay Required far waxier Cana si� �? �, S3 anr£, 2'ZW _ �- pAyis Land RoacleE�ay irr�pravexnnnts p O Clfy of Sozerrl fin,Mort4:uta FGI-tiBIT A ,9 PARCEL 12.1 Page 4 of4 r r f Disbursement of funds will be made in.the fallowing manner.: Seller(s) Amount of Payment Hd Development Of Maryla6d7nc. The terms of this Agreement are understood and assented to by us and payment is to-be made in accordance with the above. HD DEVELOPMENT OF MARYLAND INC. Date: NamgYSuzann Lls$o Title: Senior:Corp64(0 Counsel: gate: Name: Title: CITY OF I30Z12 AN C Date: _ "' 17 By: Chris'Kukulski. City Manager ATTEST: ' ns7 0aan+. - e� By: Robin Crough City Clerk 'z A 283 'A r�N crs.rto CITY OF BO&MAN PROJECT NAME:BAXTER LANE ROAbwAY IMPROVEMENTS Parcel 13-1 PROJECTIP 4524.11402.01 Page 2 of 3 EXISTING 6M RIGHT-OF-WAY BINOR SUB,'31 U - � t3EVJ PUBLIC USE EXISTING CULVERT AND - DRAINAGE AREAS EXIS MG. DRA' GE g POND EXl�,T'11I S ER R&D EASEMENT (UUG;2073229), PROPERi EXISTINGEX STIhIG LINE TE E. PHONEASEMENT (t( 013 SUB, EXI5TING SEWER 7 AND EM PIPE (BOOK 106,PG.Ail) 'i I WAT I;ft s�XICiE VAY7u'VD PMESI 41AN TFkAILVASE MINOR SUIIA19), ye 'Cittrehtt7une� r _ }ND T3ev�oprlent otMa7!and Itm ��- -� 177i N.15 hAveiW* Bozeman M7597i& ��„�".� CITY OF FOeZCWAH 4'.w'w''0L'511�1GFi' v � t d -- m�-:r..sysrxuc+rr:•rs;d:x Nb+4W5eQHSY.c�.:JK teyt. _ M G--. k5 ;;;� then,w^.kd+"cEtY:l -.. -. �id4 R RR -... *•��•�Ar..fw53sh#Fh�tF++t'.... _ -. i+iedrn"PfffiY.b&f(4.6i:WESY.bLVT.. RICHT0F,1'+7eYRE04UIREDF. AXTLR 1ANET,ND' PkWE+wt ,. d:3d ii4d3 bt. OAUiSLAHE46AD4A1 fM,PRPVE6fEa �nje._�_ _1N20t3 p W L CITY of obmkOW,,tJNT .. ~� PARCE413: FIGURE.I a:y+,mraar>s Page tl , N ti {At�S1AL7iC No3 ' Paget 1 of 4 Qi7181201 M 7 12 17.06 PM Fe3 2569510e; $2 SC OOr= # ! Charlotte Mills Gallatin CountY, MT SC Vsvol �, 111111111IIIlI111111111IIIll mill IN111111111111,11111411111111111411111111111 Return to: DOWL 2090 Stadium Drive l3oxeman,MT'59'715 "Y PROJECT NAME BAXTM LANE _�. CITY OF BOZEMAN RcaeAY'1MPRovENENT Engneern Division �� ,,st g PROJECT# 4i's24A 1402.01 s�� i, Public Works Department a PUBLIC USE EASEMENT PUBLiC USE EASEMENT THE GRANTOR(% HL? DEVELOPMENT OF MARYLAND INC., a. Maryland corporation,whose address is 2465 Paces Ferry Rd SE;; Atlanta, Ga 30339-1834, for and in consideration of Ten and Nol100 - Dollars, and other valuable consideratlon, in hand paid; conveys and warrants to the CITY OF BOZEMAN, a MunicipalCorporation of the State-of Montana (`aCTTY OF BOZEMAN"), with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors or assignees; a perpetual, full and unrestricted easement and right-of-way in, over; under, along, through, and across the following- described tract of land located in Gallatin County, Montana("Easement Area"): A public use easement to'the City;of Bozeman, located on Lo1.1 of the final plat of Home-Depot Minor Subdivision No. 319 of Section 2; T2S R6>=, M.P.M., Gallatin County, Montana; more particularig described as follows and.as shown on Exhibit A; Beginning at the northeast corner of the easement herein described, being a point on the south right of-way of Baxter lane and west right of-way of N. 19th Avenue=from which point the northeast corner of Section 2, T2S, FUSE, P.M,M., bears N 00o 58153"1=, 60,00 feet to the north section line of Section 2; Thence, S 890 01' 07" E, 900.77 feet along the north section line of Section 2, said point;of beginning; Thence,.from said point of beginning, S 590 06' 02' E, 1810 feet along the west;right-of- way Of N_ 1e Avenue;Thence along a curve.to the left,having;a radius of 1.969.86,feet, a delta angle of t)0' 18'32", and whose Tong chord bears S 15 02'43" E, 10.62 feet along the west right-of-way of N. 19th Avenue; Thence, N 66o 26' 11 Wi 27,97 feet, Thence, N'89° 01' OW" i V, 171.38 feet to the West line of said tract;Thence, N 02' 53' 16" E, 6.00 feet along the west iine of said tract ta the.south right-of-way of Baxter Lane; Thence, S $96 01' 07" E, 176.66 feet alongi the south�hght-of-Way of' Baxter Lane to the point of,beginning; and containing 1,036 sgft more or less and:as shown on Exhibit A. All improvements within the.;Easement Area are the property of the CITY OF BOZEMAN, removable at its option, The failure of the CITY OF BOZEMAN to-exercise any of its rights granted herein shall not be construed as a walver or abandonment of the"right, The above-named Grantor hereby covenants;with the CITY OF BOZEMAN that said Grantor has good. l title to Easement Area and covenants that Grantor will not interfere with the CITY OF SOZEMAN's free and unrestricted right to maintain public use f8cilities within the Easement Area as long as the right-of. ` way of which the Easement Area -is a part remains a. publics way; sub1ect to all existing liens;, CITY OF BOZEMAN PROJECT NAME.BAY.TER LANE ROADWAY IMPROVEMENTS P2rCel 13-1 PROJEGTO'4524.11402.01 Page 1_of 4 n ,f encumbrances, covenants, conditions, restrictions, reservations, contracts, leases and licenses, easements, and rights of way pertaining to the Easement Area, whether or;not of record. The CITY OF t3©ZEMAN shall adhere to all applicable laws and ordir ances in utilizing this easement and shall be solely responsible, at its sole cost and expense, for securing all permits and all construction and maintenance associated with the Easement,Area. The Grantor shall adhere to all applicable laws and ordinances in utilizing this easement. The graft of this easement is made on the express condlMon'that Grantor is to be free from any and all liability by reason of the granting or use of this easement including, without limitation,,injury or death to persons or property from whatever cause arising out of the CITY OF• BOZEMAN's, its contractors', agents', officers', members', employees', invitees',or licensee's exercise of rights granted herein or use of the easement. The CITY OF BO2EMAN hereby_covenants and agrees to defend and Indemnify grantor, its officers, directors; employees, agents, and invitees and save them harmless from any and all liability, loss, costs or obligations, including, without limitation, reasonable attorneys'fees, on account of or arising out of, any such injury or lass caused or claimed to be caused by the exorcise of this easement;or use of this easement, however occurring, other than those caused solely by the willful or rtegigent acts or omissions of the Grantor. HD DEVELOPMENT OF MARYLAND INC. t Namv Sumapne RiUsso Title; Senior-Corporate Counsel- Name; Title: ACkNO LEDGMEN`l"OF GRAM TORS STATE OF AA. J ss County of ) On this day of ' 20 , before:,me, the nde.rsigned, a tary Public in and for the said State, persolia11 appeared the Grantor, �r rt ��ss c) _,and _ Authorized Signatories of HD DEVELOPMENT OF MARYLAND INC., known to me to be the identical individuals who executed the foregoing instrument; who acknowledged to me that each individual executed the same as the free and voluntary act of said company; with full authority to do s.o and with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this clay and year above written. A Tv��F ' NOTARY PUBLICry 'ublic in and a ate of MYCOMMiSSIC My Cammission,ExpireC .. G EXPIRES �j JULY 23,2018- p�cOUlV'i'`t;.G�O CITY OF BOZEMAN PROJECT NAME:BAXTER LANE,ROADWAY IMPROVEMENTS Parcel 13-1 PROJECT#E 4524.11402.01 Page 2 of 4 a . 4 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, Grantee herein, acting by and through its City Manager and City Clerk far the City.of Bozeman,hereby accepts for public purposes, the real property; or interest-th€:rsin, described'in this instrument and consents to the recordation thereof: CITY OF BOZEMAN Date: By: Chris Kukuiski City Manager ` `" 0 �y'' ATTEST; k:.4A "s„ TM•. a By:146bln Crough City Clerk 71Y G s'rATE OF MONI:ANA ) )ss: County of Gallatin ) The foregoing instrument was acknowledged,before me this day of `�n� 201t by Chris Kukulski and Robin Crough, known to me to be the City Manager,and City Clerk for the City of Bozeman and the persons whose names are subscribed to this Instrument, and acknowledged to me that they executed the.same for and`on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have:hereunto sot my hand and affixed:my official seat this day and year above written. Notary Public in and for the State of Montana ,k Tnic%4� PEARS_MICHAi SC. My.Commission Expires #114i24" t �O ' Notary r� c it for•tilCe of I54pr7tdtl i Residing at Rozernan;M[rn4ina ' . .. t i "i l�ttli��iQrl E�nlrCu; f-� q.. _ .. ._ 1, 2020 itC/I� r E!•9RL /SIC 1{/l.i_JON a .�CTA(7t r t1 r Sr,?. of j140ntalla t .: Y an;ivlcntala GF 1,t11 ftkv Co i inlission irxpims Mat—c:h 1 o,QU20 CITY OF BOZEMAN PROJECT NAME-BAAXTER LANE ROADWAY IMPROVEMENTS Parcel 13A PROJECT:4524.11402.61 Page 3 of.4 E PARCEL 13-1 PUE EASEMEd LI TC USE ..............__--...... \1 DOC.2016070 AND AND DRAIN PIPE (BOOK10�PG.412) * � ��*��1 sE+luEttArJD EXIS'CiNG XiSTiNrs \�`� �' \ WATER EACMENT VVArERWAYAND �\\ DO ,207`8�2 19PFOESTRIANTRAIL CqhEYt G NG OR SU8:319� 1 CPHONE N , SEMFNT EXiSTiNG �� `'�1 �� \�\ � "`��e %I9}bRSUQ, F1 OPERTY L1 5 59'06 02,E,10.10 FEET Oufr Wn ant Oef. RI R=196966FVRT,A=017IV 32fi. LC-g 16102`45"E,10.62 FEET HD t evetapmeni or Maryland lnc. L2 N a6'25`11"W 27,91 FEET 17711C loth Avenue L3 @t tt9'01 07°W,171.36 FEET Bozeman,k1t`60411 L4 k1 M'63 16"E,5.a FEET 1.5 S ag'61 or 5.17&0$FEET E.�z OF LOT 1 OF MINOR SUBDIVISION NO 3.19.Or -SEC.2,'OS,RUE R/1N Lind Ex�stin$f aad Rlght-of%w Nr}w Ptrbllo Use Eesernent Aroa Remaining A pubila M.eas®ment.to the City at Bozeman,located on Lot.1 of the final Plat.of Moms Dapct {diner SubcWtsion No. 319 of Segon 21 725, RUE. M4 P'M- Galfailn County, fowktana,-more p edouiarly described as foiimvs; neginnIng at the northeast comer'of the easement,herein described,heir a i o;nt on the south right-ot may oft ter Lane and West right-of way 4f N.19th AVOW%from which pant the naftheast corner of geation 2,12%RUE.P.M,K,beers N 00°68'U3°5 50-00 feat to the north section-t na of Seotlon 2;.Thence,S.89,01'07'E,S-0o.77 feet along the ncr'rh seotian line of Simon 2,said paint Of beginning;Thence, fain 90-; pint of a curve to the left,having a8radlus of 1i?^S.8&feet,a tight-of-way of N..191tti Avenue:thenaa atar� dens angle at 00'1 d`32",end wfio e tang eliord bears S 16.'02' feel; l h"q feet 8V 0'its w W, tight-ui 1Kay of N.Ift'4 Awilue;_Thonra,N,58°25`11"-1N,27,97 tAei;TneStoe N¢a vies tlin io: 171.38 feet to the west liter of said tract;Thence,N 02`63'i6•'E.Sa W feet 41org the yrast tine of said tract 4o the south ri9ht-df way,a°8e ctw Lane;7hertro t3 tiJ 0'07"£,t7{�.65-e r',es 4t�r4; south right-of-Nvay of aamr Lane to the paEht of banib 69, d con'alnE u}4,036 s ift,m cc toss . .��.„ �'-srernEY: 6d caiEnirozCrswattkaantana� as EXNIBITA PARCEL 131 Pa.4 A