HomeMy WebLinkAbout91- City/County North 19th Ave. Interchange
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Agreement
North 19th Avenue Interchange
Bozeman/Gallatin County, Montana
The undersigned parties, the City of Bozeman (the City), Gallatin
County (the County), and Montana Department of Transportation
(the Department) do hereby agree and acknowledge that:
l. The conditions set forth herein apply to the North 19th
Avenue Interchange Project in its presently conceived design
concept and location, and the new connecting roadways of
East Valley Center Drive and North 19th Avenue as formally
proposed by the Department to the Federal Highway
Administration (the FHWA).
2. The Montana Highway Commission has approved the use of
Interstate-4R funds for the construction of this
interchange.
3. As the City was successful in securing $4,462,000 in
Demonstration Funds, such funds will be used in place of
Interstate-4R funds for the construction of this interchange.
It is understood that the 20% FHWA-required match has been
partially satisfied by the City through engineering design
funding and rights-of-way donations. The City or the County,
or the City and the County, will furnish whatever additional
matching contribution is required to satisfy the 20% match.
4 . If Demonstration Funds are insufficient, supplemental 1-4R
funds may be used for construction of this interchange, as
approved by the Montana Highway Commission on March 29,
1991.
5. The Demonstration Project grant will be administered by the
Department.
6. Funding for 1) preliminary engineering; 2) right-of-way
acquisition, railroad agreements, incidental construction,
utility agreements and relocations; 3) construction and
contract administration will be allocated as follows:
Demonstration Funds
The interchange and crossroad from the connection with
Springhill Road, including any revisions to Springhill, to
the connection with East Valley Center Drive, including that
part of East Valley Center used to access the visitors
center/rest area, including all ramps, structures and
utility work; the visitors center/rest area and associated
drive and parking areas; the Wastewater Treatment Plant
final effluent irrigation system for the proposed tree
nursery; and the North 19th parkway plantings.
Federal-aid Secondary Funds
East Valley Center Drive from the existing grade separation
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on 1-90 west of North 19th to the visitors center/rest area
point of access; East Valley Center from the intersection
with the interchange crossroad to the intersection with
Baxter Road (approximately Sta 102+53 to Sta 146+00) .
Federal-aid Urban Funds
North 19th Avenue from the intersection with Durston Road to
the intersection with Oak Street; Oak Street (contingent
upon availability of funds) from the intersection with North
19th Avenue to North 7th Avenue.
City Funds
North 19th Avenue from the intersection with Baxter Road to
the intersection with Oak Street.
7. The Department has the authority to review and approve all
plans for the interchange and all connecting links to be
built in association with this interchange. This review
will be coordinated through the Consultant Design Section of
the Department.
S . At no cost to the Department, the City will provide the
Department with title to approximately 19.6 acres of land
for right-of-way needs of the interchange project.
9. The City has provided a finalized environmental assessment
for the interchange. Any revisions or updates to existing
environmental assessments for the referenced projects will
be completed by the City or its consultant and approved by
the Department and the FHWA.
10. The County will retain the East Valley Center Drive (S-235)
secondary project as a high priority. The design of this
project will incorporate features that are compatible with a
North 19th Avenue connection to Interstate 90. That portion
of the secondary project that provides southern access to
the interchange will be completed by or before the time the
interchange is completed.
11. The Bozeman Transportation Coordinating Committee will
retain the North 19th Avenue/Oak Street (M-1299) federal-aid
urban project as a high priority. That portion of the urban
project (19th Avenue-Durston to Oak) that provides southern
access to the interchange will be completed by or before the
time the interchange is completed.
12. The route segment on North 19th Avenue between Oak Street
and Baxter Road for which the City is solely responsible
will connect to the intersection of East Valley Center Drive
and Baxter Road at approximately 90 degrees to Baxter Road
and will be designed to accommodate arterial type traffic
and will be completed by or before the time the interchange
project is completed.
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13. Right-of-way Acquisition
The City agrees to proceed with the acquisition of the
needed right-of-way as described below in accordance with 49
CFR, Part 24, Uniform Relocation Assistance and Real
Property Acquisition Regulations for Federally Assisted
Programs and the guidelines and procedures contained in the
the Department's Right-of-Way Manual, and will provide the
Department legal possession (in the name of the State of
Montana) of all required right-of-way before advertising for
bids for construction. This service will entail the actual
definition of property to be acquired, development and
submittal of official Department right-oi-way plans,
preparation of legal descriptions, preparation of deeds and
contracts to be utilized in the actual right-of-way
negotiation, and finally the actual appraisal of and
negotiation for the right-of-way purchase with each individual
property owner. If it is necessary that individual parcels
be taken through condemnation proceedings, the City will be
responsible for the condemnation action and will proceed as
quickly as possible to complete condemnation action. The
City will provide the Department with a set of final right-
of-way plans and all right-ot-way agreements, railroad
agreements and easements for record keeping purposes. Upon
request, the Department will advise and assist the City in
right-ot-way and condemnation actions.
The following guidelines are hereby to be utilized in this
right-ot-way acquisition by the City.
13.1 Rights-ot-Way
The Department claims any rights-ot-way through the project
that the Department has been operating on and maintaining
tor many years, as may be noted on the approved right-ot-way
plans tor the project.
13.2 Special Considerations
The City will obtain the Department's approval betore
agreeing to any nonstandard special considerations such as
nonstandard curb cuts, special landscaping, "grandfathered"
encroachments, etc.
13.3 Encroachments
All signs, planters, canopies, and all other encroachments
on the existing right-ot-way will be removed at the Owner's
expense with no participation by the Department.
13.4 Right-ot-Way Plan Approval
Prior to beginning right-ot-way acquisition, the City will
submit to the Department completed right-of-way plans for
use in securing FHWA plan approval. Upon receipt of plan
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approval, the Department will authorize the City to proceed
with preparation of appraisals and appraisal reviews.
13.5 Appraisal Approval
The Department will be responsible for establishing the
final determination of just compensation. Therefore, prior
to negotiations with property owners, the City will submit
to the Department for review, all property appraisals and
appraisal reviews to be used in conjunction with
right-of-way acquisition on this project. The City will be
authorized to proceed with acquisition upon completion of
this review.
13.6 Relocation Assistance
The City will be responsible for providing relocation
assistance, from the funding sources identified in #6 above,
to any individuals, families, businesses, farm and ranch
operations, or non-profit,organizations displaced as a
result of this project.
14. Utility Relocations & Railroad Agreements
The City agrees to arrange for and assure that all utilities
that would be impacted by the construction of the new North
19th Interchange as defined above, will be relocated and
adjusted according to the Department standards as part of
this project. All Utility agreements shall be submitted to
the FHWA and approval secured prior to authorization of the
physical work. Consulting engineers used by the utilities
shall be approved by the Department prior to any work.
These utilities may include buried power lines, power poles,
telephone poles, buried telephone line, cable TV lines,
water lines, sewer lines, and gas lines. Utility occupancy
will be in accordance with Section 18.7.201 through 18.7.241
of the Administrative Rules of Montana. The City will be
responsible to develop all necessary agreements and acquire
required permits, including railroad agreements, permits and
easements. Cable television shall not be considered a
utility, and therefore cable television lines shall be
handled and relocated as an encroachment.
14.1 Right-of-Way Bureau Approval
The Right-of-Way Bureau of the Department shall approve all
right-of-way purchases and administrative settlements.
14.2 Utility Section Review
The Utility Section and District Office of the Department
shall be provided a review copy of all Utility and Railroad
Agreements. The Utility shall submit bills for relocation
to the City. The City and consulting engineer shall verify
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the changes and final placement of the Utility. The City
shall submit Utility bills to the District Office for proces-
sing and payment.
15. The City will provide an original set of construction plans,
including right-of-way plans, for this interchange that are
in final approvable form by the Department and the FHWA.
The City will be responsible for the costs incurred in the
development of the basic interchange plans in accordance
with its current consultant contract, dated August 1, 1988.
Design of any "demonstration" elements of the interchange
will be funded with Demonstration Funds as noted herein.
16. The City will amend its contract with its consultant (Morrison-
Maierle/CSSA) or contract with other consultant(s) to provide
an original set of construction plans for the following packages:
1. The interchange including East Valley Center Drive from
the interchange crossroad to the visitors center/rest
area access; the visitors center/rest area; the Wastewater
Treatment Plant final effluent irrigation system; the
North 19th Avenue parkway plantings.
2. East Valley Center Drive from the existing grade separation
to the visitors center/rest area access.
3. East Valley Center Drive from the interchange crossroad
to Baxter Road.
4. North 19th from Baxter Road to Oak Street.
17. The City or its consultant will complete all required railroad
and utility agreements and/or relocations prior to beginning
the construction phase for each of the above referenced projects.
18. The City's consultant will provide the original set of con-
struction plans in packages appropriately prepared to allow
for tracking the funding sources herein identified.
19. If the City is successful in establishing a public-private
tree nursery operation, with any monetary gains being used
only to offset the visitors center/rest area annual maintenance
costs, the Department will cooperate in the review of the
operations to maintain safe conditions for the traveling
public.
20. Future maintenance of these facilities will be provided as
follows:
Department
The interchange ramps and the crossroad from the intersection
with Springhill Road to the intersection with East Valley
Center Drive and that portion of the interchange right-of-way
not otherwise used for tree nursery operations.
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County
All portions of East Valley Center Drive from the existing
grade separation to Baxter Road.
City
North 19th from Durston Road to Baxter Road; Oak Street from
North 19th Avenue to North 7th Avenue; the irrigation system
and that portion of the interchange right-of-way used for
tree nursery operations; the parkway plantings; the informa-
tion center/rest area building and facilities.
2l. The Department will let and administer all contracts to effect
construction of the interchange, other associated demonstration
project work identified in paragraph number 16.1., above,
and all federal aid system projects that provide essential
connecting links to the interchange as identified in paragraph
number 16.3 and paragraph number 16.4, above.
22. All billings from consultant engineers will be submitted
directly to the City. Engineering charges are not eligible
for any federal aid until the federal-aid funds for that
specific purpose are authorized by the Federal Highway Adminis-
tration (FHWA) . The City will review and approve the billings,
and then recommend payment to the Department. Approved bills
should be sent to:
Consultant Design Section
Montana Department of Transportation
2701 Prospect Avenue
Helena, MT 59620
The State will remit payment to the consulting engineers for
approved services from the funding sources identified in
number 6 . , above.
Subject to the above conditions, the parties agree to proceed
with the development of the interchange and related projects,
review and approval of plans and designs, contract letting and
administration, and construction inspection. However, in the
event federal-aid highway funding is changed or reduced by Congress
to the extent that would preclude construction of the project
with such funds, this agreement may be voided or renegotiated at
the discretion of the Department.
Date~this /Jt}K day Of~~, 1991.
CITY OF/~9~~~1 GALl TIN COUNTY CO~ISSI~NERS
By: i / l~_-IrL (( i-.-/ By : ~J~
Its'Mayor' rperson
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(Continued on following page)
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- Clerk of corrunission CorrunJ.ssioner
MONTA,NA.. DEPARTMENT.
OF CN.:t:TA~ON) ..
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Its/Director
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." ~11 Montana Department R,:]ii Tr.:.iiisiI Divi.~~::'iOI Z7()) Prospect Avenue St:'.1n Stcr),'
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October 11, 1991
Phillip J. Forbes, Director of Public Service
City of Bozeman
411 E. Main Street
PO Box 640
Bozeman, MT 59715-0640
Subject: North 19th Interchange Agreement
Atttached are two copies of the excuted agreement for the North 19th Avenue
Interchange. One copy is for the City and the other is for the County. As
discussed at the last task force meeting the original will be retained on file in this
office.
By this letter I am asking the Fiscal Programming Unit to obligate the
Demonstration funds for this project.
Should you have any questions, I can be contacted at 444-6123 in Helena.
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Michael S. Davis, Supervisor
Urban Planning Section
MSD:D:RT:39.gh
cc: S.c. Kologi wJattach K.G. Rapp wJattach
R.O. Anderson wJattach H. Honeywell-FHWA wJattach
G.L. Larson w Jattach L.a. Williams wJattach
C.S. Pei! w / attach
J .R. Ricker w J attach
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AMENDMENT NO. 1
AGREEMENT
NORTH 19TH AVENUE INTERCHANGE
BOZEMAN/GALLATIN COUNTY, MONTANA
...
~ The undersigned parties, the city of Bozeman (the city), Gallatin
County (the County), and Montana Department of Transportation (the
Department) do hereby agree and acknowledge to amend the agreement
dated September 24th, 1991 as follows:
That the following be added to paragraph #22:
"The total payment to the consultant engineers for the work
completed pursuant to paragraph #16, above, shall not exceed the
following amounts without prior approval of the city, the County
and the Department.
Demonstration Funds
Two Hundred Seventeen Thousand Five Hundred Dollars $217,500
Federal-Aid Secondary Funds
One Hundred Six Thousand Five Hundred Dollars $106,500
Maximum Ceiling for payments by the state $324,000"
Dated this day of December, 1991.
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CITY OF BO~~. GAL TIN COUNTY COMM,ISSIONERS:
By: / __ 1-' By: /fU l~
~ M:YO~ ~ [Jts'C(77tp):~on~
~ v1 (IA-v- ",>v{/
Clerk of commission Comm"ssioner
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MONTANA DEPARTMENT OF ~
TRANSP RTATION:. .rifle U'r' {Jle, ( . f'f7'
" '" County Cle /& ecorder
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January 3, 1992
Phillip J. Forbes
Director of Public Service
City of Bozeman
P.O. Box 640
Bozeman, MT 59715-0640
SUBJECT: North 19th Interchange Agreement-Amendment No. 1
Attached are two copies of the above noted amendment with
the appropriate MDT signature. One copy is for your files
and the other for the Gallatin County Commission files.
We will provide this signed amendment to the appropriate
MDT staff so that any billings received from the consultant
can be processed accordingly.
If you have any further questions, please do not hesitate
to contact me.
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a~Williams, Chief
Secondary Roads & Statistics Bureau
Rail & Transit Division
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Attachments
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AMENDMENT NO. 2
AGREEMENT
NORTH 19TH AVENUE INTERCHANGE
BOZEMAN/GALLATIN COUNTY, MONTANA
The undersigned parties, the City of Bozeman (the City), Gallatin County (the
county) and the Montana Department of Transportation (the Department) do hereby
agree and acknowledge to amend the agreement dated September 24, 1991 as follows:
That the following addition to paragraph #22 be amended to read:
"The total payment to the consultant engineers for the work completed pursuant
to paragraph #16, above, shall not exceed the following amounts without prior
approval of the City, the county and the Department.
Demonstration Funds
Five Hundred Forty six Thousand Five Hundred Thirty-two Dollars
$546,532.00
Federal-Aid Secondary Funds
Two Hundred Ten Thousand One Hundred Dollars $210,100.00
Maximum ceiling for payments by the State $756,632.00"
Dated this ~ day of November, 1992.
CITY OF BOZEMAN:
BY:,~~, By:
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Clerk of Commission
MONTANA DEPARTMENT OF
TRANSPORTATION:
By:
Its Director
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AMENDMENT NO. 3
AGREEMENT
NORTH 19TH AVENUE INTERCHANGE
BOZEMAN/GALLATIN COUNTY, MONTJillAN
The undersigned parties, the City of Bozeman (the City), Gallatin County (the
County) and the Montana Department of Transportation (the Department) do
hereby agree and acknowledge to amend the agreement dated September 24, 1991
as follows:
That the following addition to paragraph #22 be amended to read:
"The total payment to the consultant engineers for the work completed pursuant
to paragraph #16, above, shall not exceed the following amounts without prior
approval of the City, the County and the Department."
Demonstration Funds
Six Hundred Ninety Six Thousand Five Hundred Thirty-two Dollars $696,532
Federal-Aid Secondary Funds
Two Hundred Thirty Thousand Six Hundred Twenty Dollars $230,620
Maximum ceiling for payments by the State $927,152
I day of D~_ ---'
Dated This , 19J..?
~ GALLATIN COUNTY COMMISSIONERS:
By: t{r:"'1 t3l1'/'ruY'
By ~r/p,~ I s Ch~erso~ .
~ ~. ! ~~ ~~L
Clerk of Commission ~Y:;?2Vu~
Comm~ss1oner
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County
MONTANA DEPARTMENT OF
TRANS PORTAT) ON!: I
By: , /"' ',.\-'-.,\,.... \\ ( t......\.......
Its' Director
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AMENDMENT NO. 4
AGREEMENT
NORTH 19TH AVENUE INTERCHANGE
BOZEMAN/GALLATIN COUNTY, MONTANAN
The undersigned parties, the City of Bozeman (the City), Gallatin County (the
County) and the Montana Department of Transportation (the Department) do
hereby agree and acknowledge to amend the agreement dated September 24, 1991
as follows:
That the following addition to paragraph #22 be amended to read:
"The total payment to the consultant engineers for the work completed pursuant
to paragraph #16, above, shall not exceed the following amounts without prior
approval of the City, the County and the Department."
Demonstration Funds
Seven Hundred Forty-Six Thousand Two Hundred Twelve Dollars $746,212
Federal-Aid Secondary Funds
Two Hundred Thirty Thousand six Hundred Twenty Dollars $230,620
Maximum Ceiling for payments by the State $976,832
~,/t Oe-r: 1976
Dated This 7'-- day of ,
CITY O~EMAN: TIN COUNTY COMMISSIONERS:
--i'lL-du"
By: ( ;( ~~,.~
Q~Y~ ~~~
Clerk of Commission Commissioner
CJ -R-P fU:~
Commissioner
er
APPROVr:D fOR
H:\9100\093\AMMEND.N04 lEf:;ll,'~," (;.,::I?~'l"t~::~:'~l";~
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Montana Department of Transportation
Helena, Montana 59620-1001
Memorandum Distribution r/ ~ [MAS~5tL"\
To:
From: '6' Samuel A. Naseem, P.E. ~
~ Consultant Design Engineer
Date: October 30, 1996
subject: IR 90-6(51)305
North 19th Interchange - Bozeman
C. N. 1437
Attached is fully executed Amendment No. 4 to the three-
party agreement dated September 24, 1991 between the City of
Bozeman, Gallatin County, and MDT for additional services
for the subject project.
The purpose of the Amendment is to raise the Demonstration
Funds ceiling amount for consultant services for the
redesign of the rest area/visitors center.
1096.sgc
Attachment
Distribution:
G. A. Gilmore, w/attach
J. R. Giard, ,
D. W. Jensen,
D. G. Zook,
C. s. peil,
R. D. Morgan,
s. A. Naseem,
B. F. Juvan,
FHWA,
s. A. Russell, w/2 attach
Precon File, w/attach
JYhil Forbes, w/orig