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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