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Home My WebLink About76- Kagy Lane Memorandum of Understanding with Dept. of Highways , t.., .' ;I < . ?;<O,JI~CT !l._1212 _eJ) [) r: S 1 GNAT ION _~~~Y _La?~_ ___u_ ______________ . i.1f]~0IV'l.NOU:~ OF UNor-:RSTArmniG .. - -- -.- _. ~, _. _._ .n." _.".... _ _.__,. ~_._ n. ~___ lids ~lci1l()t'JndulTl of Understanding entered into this 4th day of _ . -A!JJ;-\.UH_ . n~ , - - - -.-...- '19 76 , by and hetw;cn the:! State of r.1ontana Departnrcnt of l1itjll'>'iays, hl?reinafter called - - the Stilte and the City (ar Town) of Bozeman , a Montana municipal -, --.--.- - .~-- -.-.-----.--...--. ~_._--- (orpal'dtion, Iwtl:inafter callc>d the City (or TmoJn). W I n~ E S SETH -..--- -.- ..~._-~..~- \'iHII\Ul,S, the State and the City (or' Tm.m) arc desirous of having . K~J~LL~g~__u__ --..-.- -. -.--..-..-..-.-..- reconstructed to current standards; and \'JHEr~EAS, it appears that by Fiscal Year 1980 , sufficient Federa1 and State -------.-- ---.-- IliUhwdY construction funds will be available to accomplish said reconstruction; and \mEr~[AS , the State and the City (or Town) are desi rous of seeing that _ ___!<~?! ~~me _.~ . - -.- - -..-- --.-.- is maintained in good repair after said reconstruction is accomp- lished; NOW, THEREFORE, it is hereby unders tood and agreed as fo 11 ows : The S ta te ag rees to proceed wi th the deve 1 oplT1en t of Project _11 J?J ~_S 1J____ _ ____ to recons truct __._.__ !Z!'l:gY.:ka~~_.. ____._._ ._..__~_____._.._________._____.____' _ .....___.___d .___._~____.__. _.~_p~t(Ll~Q____________ ~_~~ is considered to be the best estimate of the date \oJhen the DATE project can be let to contract. However, the actual letting date could be earlier or later depending upon the magn1.tude of complications arising during project development, riyllt-of-way acquisition and upon the availability of funds. Funding and right-of-way avai labi 1 i ty may requi re the project to be di vi ded into two or more projects for contract letting. This is not a positive commitment by the State to reconstruct -_.-~-~"~y~~~~~---- ._- -- ---- - - - - - - - _._- as the "no build" alternate must be considered a viable alternate at every statje of development. It is a commitment by the State to proceed with the urvelopmcnt of the project as long as it is desired by both parties, and necessary allocations of State and Federal Aid Highway funds are available, .' - 2 "- .' . l-il(~ City (or Tmlll) ;)'jr-()l:S 1.0 llic~ke.a thorough iliVl-)stigati,.;n of its existing ~;tl)(lll Sl~\.I(~r facilities in (H"C'dS aclj,lci;nt to the proposed projc:ct to ,Jctenl1ine thf~ (Hlcql1dcy of such faci 1 i ti es for intt~I'cepting stonl runoff befm'!:! 'r'eiH:hing the pr"oposcd project. The City (or Town) further agrees to participate in the cost of the stann sevier' pod.ion of the rJl'oposed project \'Jhen existing facilities al~e inadequatt~ und the State IIlUSt intercept the stonn runoff \'Jith participation ratios determinc~d by Ilie thuds acc(:p tab 1 e to a 11 parties concerned. Also the City (or Town) should indicate areas \'Jhere local stonn sewer improvement plans and the State's storm sewer could be cOlilbined with savings to both parties. The City (or Town) agrees to examine its long range plans for Lh2 an;a travei'sed by the pr"oject with l'espect to water and simitary sewer condition and needs. It agrees to replace those facilities that Jre located under the proposed project and are in such a condition that they could be expected to leak or require replacement for any other reason within twenty years after the estimated completion date of the proposed reconstruction project. Prior to reconstruction. it further agrees to provide water Jnd sewer service. including "stubs". to all areas that will at any time in the forseeable future be serviced from beneath the project. The City (or Town) agrees to advise the utility companies responsible for pO\'Jer. qJS, phone, etc., of the future plans for the area, The utility companies are L'ncouraged to make provisions for any underground utility additions. adjustments. or l'eplaccments anticipated within twenty years after the estimated completion date of the proposed project. J ,I The City (or Town) agrees to remove or cause to be removed all encroachments from the dedicJted riqht-of-way within the limits of the reconstruction. It ag rees to disallow any future unauthorized use of the right.-of-way within the limits of the project. The Ci ty (or TO\>Jn) agrees to cooperute fully with the State in the establishlr:2nt of speed limits within this project. Speed limits will be based on traffic and engineering investigation as required by Section 32-2145 and 32-2146 of the Motor ." - 3 - , '. , 'Ji:h i <:'1 e Code (:nd vii 11 he pl:( r())'ill:~d by' the S L1 tr. Tile City (or TO'.'Jn) iJ'Jn~cs to pay one half the Stilte's share of the cost of curb clnd (Jutter installed within the city limits r'cqIJin~d in the reconstruction of thi s project. The City (or Town) agrees to pass the necessary ordinances or laws to prohibit stopping, or parking a vehicle on a sidewalk, in front of a publiC or private drivP\'iay, within an intersection, on a crosswalk, or within hlenty feet of a crosswalk on tllis pnJject or \'iithin thirty fe(~t of the appr'oach to a stop sign or signalized intersection. Ttw City (or Town) agrees to pass the tWCCSSdl"y ordinances or la\'ls to prohibit aWl1(~ parki ng vii thin the 1 imi ts of thi s project. The City (or Town) agrees to require any person, persons, firm, partnership, copartner'ship, corporation. association, or any other entity. before making any opcniny in sdid reconstructed street (avenue) as covered by this agreement to secure a permit from the City (or Town) Council. The City (or Town) Council in turn will advise the representative of the State of the issuance of such permit and require that all vwrk be in strict confonnity with speCifications of the State to govern such operation. In addition, the following minimum requirements shall be strictly complied \'1ith: (a) Any such applicant requesting permission to make a street opening within the limits of this project must first post with the Clerk of the CitY- (or Town), a bond as follows: ./ For trenches not exceeding 2,000 square feet of surface area. $10,000.00. ror trenches exceeding 2.000 square feet of surface area. $5,00 per square foot, or in unusual cases, a higher amount as mutually agreed between the City (or Town) and State, The bonds shall be made payable to the City (or Town) to guarantee that all work shall be done and completed in a good. competent and workmanlike manner; and in compliance with the specifications hereto specified. .' . - 4 - (b) 0,ny such ;lpplicant. shall simultaneously \'lith the posting of th(~ !Jond, file with the Clerk of said City (or Town) a certific~te of insurance, or its cquivdlent, providinu public liability coverage in the sum of not less than hID IlI,nclr'ed fifty thousand dollars ($250,000.00) for each person and not less than five hundred thousand clollcH'S ($500,000.00) in the aggregate for anyone accident Jnd not less than tvJO hundt'ed fifty thousand dollars ($250,000,00) property damage, to protect,indellHlify dnd save harrnless the parties hereto and their servants, agents and clllploy()es from any eXp(~nSf>, cost, damage and liability of any kind or character wha~soever resulting from or which may arise as a result of said applicants opening wi thin the limits of this project or which may in any way or fnanner be connected with or related theloeto. ( c) The work shall be subject to inspection by the engineers of the State and any work found to be unacceptable shall be removed and satisfactorily corrected before the bond covering such work is released. (d) If unsatisfactory work or materials are not corrected within thirty (30) days after written notice by the State to the City (or Town), then the City (or Town) shall complete the work, The cost for the corrected work shall be paid from the bond. The State agrees to assume the cost of maintenance, energy and operations of all lighting provided as part of this project if it is coincidental or a replacement of a hi ghway faci 1 i ty presently maintained by the State. The State will not assume the costs on other systems or where an existing lighting district is being paid for by the City (or Town) or by {'Special Improvement District and is replaced or upgraded, The City (or Town) or Special Improvement District will be expected to continue paying the amount of the previous payments toward the cost of maintenance, energy and operations of the new or revised lighting system, If and when the cost of energy or maintenance is increased by the utility company the City (or Town) or Special Improvement District will be expected to pay their proportionate share of the rate increase. .' , . - 5 - The State agn:0S to Illaintain the projeict if it is coincid,~ntdl or a r<:pldcUllent of .1 Ili(jhvlay facility presently lllaintained by the State \.,hen the projc:ct has bcc:n COlllp h> Lcd cxcept that: The City (or TO','IIl) agn:cs to service, ITlaintain dnct pay the costs of energy and operation of all ti'affic signals, flashers, signs (f)xcll,ding guide signs and route lilLl rk e rs ) th;~t are \'iithin the limits of this pt'ojcct 0)' CCilltl'act with the State for ('cilliburseIJlcnt of the costs, and The City (or Town) agrees to maintain storm sewers and to repair any damage caused by leakage from, tapping into, repair of, or installation of munici1ally owned utilities, within the limits of this project. ... The City (or TO'..m) agrees to maintain the project after completion und pay all costs for appurtenances, energy and operation of this project, except as specifically above provided which will be maintained or paid for by the State, IN WITNESS WHEREOF, the Director of Highways or his authorized representative has hereunto subscribed his name on behalf of the State of Montana and the Mayor of the Ci ty (~ of ~?~~~~~___~_. on behalf of said City (Mm~ of Bozeman -~-_._._- ~-~ __________, has subscribed his name and affixed hereto the seal of said City (or Town), nATED this t,th day 0 I' _ Augus t__n_,__,___ ' 19 76_ n_ .. ~ '. -_._-~, ~.- STATE OF MONTANA, DEPARTMENT OF HIGHWAYS 11. J. ANDERSON :~~ectouYs _fiLL- A" ,stra 6r ~eering Division ,. J -'.~._~ ,,"-'~, _.... ~._" ,-~,,-_..- , ~ _....,~.~ -------~,-~._~-~.,~-~._~.~.~~_.- "~_._.~~-~_.- ~..._- ~..~_._,--_.~,-~'~-,~--~- ATTEST: eel;;; - OF'ozema':c ./ _ -. , -/ r-Y/~ _~:t:?k;~~_L" ~~"-q~ '-- ~.!tLi' -'--"{-.LJ'~ayo# A:/Y / '-'-~ "" .' "^ 6 - I, En.lil V. _Harding _ _ _ _.. ' Clerk of tile City Conanisf3ioIJ_ of G:LtY_QfBcu:.e.man.,. 'I:' : !l/ Ill'Lify Lhat the ,'I:'l)";;-it,'ldiIJlH)d Ili(\,ll)I','H'iilliill of Ilnd~;r'-~I.;JI1(l'ing 1'ldS rC~Ju1.)('ly :; ,,:.d I,}' L:,,-' ~ City Commission at a 1,1"::,~tillg thereof hr.~ld "I Iii;' L,th ,iayof -_Allg_us-t _ :__ 19 7? , ' a-nd tildj; Lilt:: ~'lt1}!Mb!1l1 City COmmissiQn ____n________ dlltllUl'it'C'd tlH:: ndyor Co siCJIl Lilis Il1i'iIlOI'Jndul11 of undc;r- : 1\,1'1 i lit) ')11 b,dld 1 f of ':,ui d ~ Commission, c:;/ ./( X/~. . /: - . Y--:::::,,,,, . --:"'---~'2~ /..-~~? a~ ._.n k::-,Y-"o- --- CS-i ~~ t u re \ RES 0 L UTI 0 N . _ _._~ _,.~ _ 7 .__ __ __ __,~ It is IH::,'dl)' I\'solvcd by the M:m1~ <:;~nnlTlj_ssiqnof j:l:le__GiL)'_Df_Ro-z.e.maLL"_n that :ili', :~" :']lilLJill of UndlJSC,lnding rOI~ Fccl(;i^a1 Aid Proj,;ct No. ):L!Xl2_(l)________nn____......_ ',:liI] Uie State uf tlCJl1tdn<'l, octing by and thl'ough the Depal'tlllC;nt of High\.'lays, is adopted 'y tlli s COllllCi 1; arid the r'1ayor of :rh~_n~i_tY__9r ~93~D1~LL__. _., _~ n is hel'eby empO\'iered "lId autllol'i Lcd to f'xccute sai d ll1ell10randUll1 of Und21^S tandi ng on Iwha1 f of the ~ City c0111~ts~i,c!n _ , ____. ilii,'d this (Hh_______~_J_:_)day of AU,f';lJSL . 1976 . ,/ 1 -- -- - -"-,1- I ./ ~-# ' ~- .... ':__ _________n' -,- --- / / .' ,? / .. .' , .. ",;//' -----------...."L-- , .- {-~ / I ""':It-- ~,...,,- -- " ,-' (~O~~):i ()-;~:~I. .'1J,i:~,!<- - ->. - n_n.__n_ . __J:-~../,~.. -, __m - iC~~:r-~~c-~.~-- / - c:~:/~.,./ ~.~---~'?/ ~'- "_ ,/ / .' .". _-?'~7.______~' ,d-,~~__7"'..,-~. / ~ "- _~ ~_ ..- -'.-;::.-;.:~.,.----...P~ ._" (?~~~ ~-L. Commissioner- '-(~1t1tf~1~lrt1~r _n___' - _n_ n ----/~fS-s'--ll€rn--d ....' '7------ )/\. \ i! ' "I ' /,r'.~ ,'" Jj ........"., ~) . ~ It<J [(t ~ (-4:'{~L Cfj.LL "\ - :;::::.:_....:..:.:...1..:_:-..:)" __n - - .--- '-, - __n -------- .. --.... -. T..o;..;.;;';":';':'~1'--' n__n_________ Ccmmiss ioner (~ Commiss ioner ~.U'1W.'U'IJ'l!lll'llJ1eall".l CCOljll (_1'1 iHail} - ____n ________u n ---- ------. - ---. ----( Coiln-cl TillanT- ------ ---- -- - - - ___ ( - - - )' n'n.n__..nn..n~_.____n..._ -n---~--r' .-.,--.- COUIiL i 1man \ Counci 1man) fCOlJ-n-C-nlllan-r~n_--n ~."--' ---~---- -- ._.rcoun.cT1llla-nT-~_n_---~_- /\1 II '_> I ; - // (":'~ -L J:~r-cv-t:~':-~1G~~~ ~k}- ,---~-------