HomeMy WebLinkAbout18- Memorandum of Agreement - United States Postal Service (USPS) - Baxter Lane Roadway Improvements, Parcel 11-1 and 11-2 A
AGREEMENT between the United States Postal Service and the City of Bozeman
fgsoi ` MEMORANDUMOFAGREEMENT PROJECT NAME: BAXTER
Between and Among LANE ROADWAY IMPROVEMENTS
il c ? '` �' THE UNITED STATES POSTAL SERVICE, PROJECT#: 4524.11402.01
8 CO. oa'` � OWNER OF PARCELS 11-1 and 11-2, PARCEL#: 11-1 and 11-2
AND THE CITY OF BOZEMAN A�,
BOWL
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
PROJECT#: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 19th
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 19th 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 LISPS 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
PROJECT#:4524.11402.01 Page 2 of 7
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 following 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 F@�:PJ.APfp4 1:1-- 20 1 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 USPS 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 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 Project or the USPS Property
Improvement activities.
G. In the event City does not follow 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
the breach; email notice to the City is specifically allowed. City shall remedy such breach
within two (2) business days of its receipt of 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 (ii) provide evidence satisfactory to the USPS
Property will remain open for use by USPS and its employees and customers, with direct
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
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 11A and 11-2
PROJECT#:4524.11402.01 Page 3 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 OF BOZEMAN
Date:
Name: Andrea Sur-ratt'
Title: City Manager
ATTEST:
BOZO;>•
r �. J 1'
Date:
Name: Robin Crough t1e, _ - ■
Title: City Clerk
1LgT,N CC).?,10,
THE UNITED STATES POSTAL SERVICE
Date: Z - ,7—O/13
Nam : Josep D. Lowe
Titl : Contracting Officer
ATTEST:
f/i3l---, /�L Date: �' �3 • Za��
Name: L'/twher 0•kaperch,01
Title: ,rs0ontftth 4w,,64:t
CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 and 11-2
PROJECT#:4524.11402.01 Page 7 of 7