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Home My WebLink About76- Oak, Tamarack, Peach Memorandum of Understanding with Dept. of Highways . .. , ;... 1. I::' ,{C),) r: CT M 12_02 (1) . . ,,_. ... n__.' _ nl SIC~'J^TION Oak, Tamar~_ck,?~ P_~03C:1.J.____ r'1Er~ORI\NDUt~ OF UiWr:i\STI\:mH~G ---.- .- ~ .,-- .. ., '. ,.. --.- -. - .. .-...- ".,~- - - --- This ~1('i110ri}ndurn of Undr.rstJnding entr.red into this 4th day of _ At!&~J_s-,::._ _.___n' - - -.- --.--.- .-- .---- 1'J 76 , by (md betl'icon the State of r'1ontana DepadJi1C'nt of Ilil]h'days, hereinafter called Che SLlt:e clrld the City (or To\'m) of Bozeman , a Montana municipal .. n .__. _, - ". - - - ----- .--. - , l:cn'poration, hereinafter called the City (or TOI'm). WITNESSETH ---'~~~-~,,- \.iHLlU:AS, the Stote and the City (or Town) an~ d(?sit'ous of having Oak, " ... _ .,_.,_ ... no., '~__ __ ':I;8;~ara_c_k,__ .or_Pe~c~. _ reconstructed to current standards; and \mU~EI\S, it Jppears that by Fi seal Year 1981 , sufficient Federa1 and State -,.,.,,- --,.~.,---_.,~ l1iljhway construction funds will be available to accomplish said reconstruction; and WH[f~EAS , the State and the City (or TOI'in) are desirous of seeing that _ Oak2______ 'l'amarael<_'_.o!__~~~_c~__ is maintained in good repair after said reconstruction is accomp- lished; NOW, fHEREFORE, it is hereby understood and agreed as follows: The State aYI'ees to proceed with the development of Project M 1202 (1) -,~.- - -- --~- ~., "~~. - ~ ,- -- to n:'cons truct Oak, Tamarack, or Peach . ..----.-----.-- "-- . . . -..-----.-. . --.------- -- --- - ~,_.,,-,.~,.. ~ - _. .,- _._~ -_._-~--,,----~ .~,-- ,-~ .- ---- '-~-- -.,.- --'.- X~l!ru"~fDAcFt~.1-~------- -- is considered to be~the best estimate of the date when the project can be let to contract. However, the actual letting date could be earlier or ldter depending upon the magn1tude of complications arising during project development, riqht-of-l'iay acquisition and upon the availability of funds. Funding and right-of-way (wailability may require the project to be divided into two or more projects for contract letting. This is not a positive commiunent by the State to reconstruct ____ Oak, Tamarack:t._____ or Peach as the "no build" alternate must be considered a viable alternate at - - - , -- every stage of development. It is a commiullent by the State to proceed with the development 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 .- f . .... ~'. .. rll\~ Ci ty (or rOl.;n) ,'1gl",(lCS t,horourjh jnv~stig~tion of its existing , . to m,l ke <;l ~;t())'111 ',,CO',-Icr raciliticsin arcas adjaecnt to the proposc'd project to dct)~nnine UH~ ,j(! c q U \l C Y 0 f s u c h f J C i 1 i tie s fot' i ntcl'cepting storm runoff bc'fore r"c1chi ng the pr-oposcd projf?ct. rhe City (or Town) fur'thor JiJ)'roes to participate in the cost of the stonn ~)c'\'ler pOl,tion of the proposed project \'/hrn existing facilities an~ inadequate and the State must intercept tIle stonn runoff with participation ratios ddermined by lilC'thods <lcceptable to all parties concerned. Also the City (or Town) should indicate areas where local stann sewer improvement plans and the State's stann sewer could be combined with savings to both partir's. The City (or Town) agn:o(~s to eXdilllne its long rrll1ge plans for th(~ clrea tl'Jverscd by the pt'oject with respect to \'/ater and sanitary srvwr condition and needs. It agrees to replace those facilities that are located under the proposed project and \Ire 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 and sewer service, including "stubs", to all areas that will at any tirne in the forseeable future be serviced from beneath the project. The City (or Town) agrees to advise the utility companies responsible for pO\'/er, f)as, phone, etc., of the future plans for the area. The utility cOlnpanies are encouraged to make provisions for any underground utility additions, adjustments, or replacements anticipated within twenty years after the estimated completion date of the proposed project. J .1 The Ci ty (or Town) agrees to remove or cause to be removed a 11 encroachments 11'0111 the dedicated right-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 City (or TOI'/n) agrees to coc.perate fully with the State in the establishr;-,ent of speed limits within this project. Speed lirnits will be based on traffic and engineering investigation as required by Section 32-2145 and 32-2146 of the Motor . - 3 .- . , ~ , , 'V"h'icll' Cock (lnd Vlill iic' pc;rfonned by the State. The City (or TCJ\'!I1) \\lJI'(~rs to pay olle half Uw State's share of the cost of curb and IjutLer instJl1ed \'Iithin the city limits rC'lwir,:>d in the reconstr'uction of this projcct. The Ci ty (or TO\'in) Jgroes to pass the:> rwcesS<1ry ordi nJJ1ces or lllWS to prohi bi t stoppinq, or pJrking a vehicle on a sidc\'/alk, in front of a public or private drivtO','lay, wi thin an intersection, on a crossltialk, or wi thin t\'Jl:nty feet of a cross"valk on this proj(~ct or within thirty fc(~t of th(~ approach to a stop sign or signalized intersection. The City (or Town) agrees to pJSS the necessary ordinan((~s or la\'ls to prohibit illlgle parking \'IiUlin the limits of this project. The City (or Town) agrees to require any person, persons, firm, partnership, copartnerShip, cOI'poration, Jssociation, or any other entity, b(~fore making any openiny in said reconstructed strr~et (Jvenue) as coven~d by this agreement to secure a pennit 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 work be in strict confonnity with specifications of the State to govern such 0!ieration. In addition, the following minimum requirements shall be strictly cOlllplied \'iith: (a) Any such applicant n?qucsting 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: ,,J' For trenches not exteeding 2,000 square feet of surface area, $10,000.00. For trenches exceeding 2,000 square feet of surface area, $5.00 per square foot, or in unusual cases, a higher amount as mutually agreed bet\oJeen 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) rltly such applicant, shall siri'luHancously ':Iith the postitF] of t.h(~ bond, file \/ith the Clerk of said City (or TOI'iIl) a ccftific,ltc of insuf'ance, 01" its I;quivdlcnt, providing public liability coverage in the sum of not less than li'lO hl1ndn~d fi fty thousand doll ars ($250,000.00) for each person and not less than five! hundrod thousand dollars ($500,000.00) in the aqgreljate for anyone accident ,1nd not less than two hundred fifty thousand dollars ($250,000.00) property damage, to protect, indelrllli fy and save harmless the patties hereto and their servants, i,'PJents and l:ii:ployccs frolll any expense, cost, damage and liability of any kind or char'act(~r whatsoever resulting from or which may arise as a result of said applicants opening within the limits of this project or which may in any way or manner be connected with or related thc!reto. (c) The work shall be subject to inspection by the engineers of the State and ilny work found to be unacceptable shall be removed and satisfactorily corrected before the bond covering such work is released. (d) If unsatisfactory work or materials are not corrected within thirty (30) days after written notice by the State to the City (or TOI'in), then the City (or Town) shall complete the work. The cost for the corrected work shall be paid from the bond. The State agrees to assume the cost of maintenance, energy and operations of all lighting provided as part of this project if it is coincidental or a replacement of a highway facility presently maintained by the State. The State will not assume the costs on other systems or where an existing lighting district is being paid for by the City (or Town) or by {Special Improvement District and is replaced or upgraded. The City (or Town) or Special Improvement District will be expected to continue paying the amount of the previous payments toward the cost of maintenance, energy and operations of the new or revised lighting system. If and when the cost of energy or maintenance is increased by the utility company the City (or Town) or Special Improvement District will be expected to pay their proportionate share of the rate i n c ro as e . ., - 5 - , . fhc State <J1ji'i'l)$ to lJ1aintain the p'r'oj(~ct ifit is cnilicicL::nl:al or a n:~lr1c(j:l::l1t of a hi<JhwdY facility pl'C";ently Illaintain(~d by tfl(! SL'lt,~ \,'Iwn the project has bc:cn cOlilpleted except thClt: The City (or Tm'ill) J\jroes to service, maintain c'dld pay the costs of energy and opl:(ation of all traffic signals, flashc:rs, signs (excluding Ijuide signs and route (1Iark:: :.~) that arc \",ithin the limits of this project or contract \",ith the State for reimbursement of the costs, and The City (or fm",n) agrees to maintain storm se\'lers and to repair any damage caused by leakage fl'om, tapping into, repair of, or installation 0f municipally owned utilities, within the limits of this project. .~ The City (or Tmlll) agrees to maintain the project after cOlllpletion and 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 High\",ays or his authorized repr'esentative has hereunto subscribed his name on behalf of the State of Montana and the Mayor of the Ci ty ~) of ___~~z~!Il_~_.~.~___ on behalf of said City (~~) of Bozeman -~._~-,._,--,.~ ______.____ _, has subscribed his name and affixed hereto the seal of said City (or Town). DATED this {Ith day of August , 19 76 -.---.-. ------. .__.~- n.__"_ _~_.. . ____ _. _ __._~_~ _.'-,--~- STATE OF MONTANA, DEPARTMENT OF HIGHWAYS H. J. ANDERSON Di rector 7i2tJ:LL: ~ > By.. .' _"n.___/_.' __':u~_____ <-A ll1inistr~tor - Engineering Division J' _,~ _._. ______._..___ __"___'.0".& _.__ ,~_ ATTEST: _"~~F 'ozeman ~ "'---- -------"---- ------.---.- ---- // ,'."..','~/~:" ". '-~;;~ __~:'-::1k~:'n/~_~~~~.____~__._ By/-- ~~-~~:c/<j '---M#LCL~' ~-~- .-.--- ~ . . .. 6 - II .; . , . I, Erna V. Hard_i~g__ _ _, Cll~fk of the Commission. .. of Ci!:y _?KH.B.?z_eman ".I " I'. ;)~' 1..:I.e i fy dint; jlw above -Iu.~ntic)ili:!d 11~~:,ill)l'.:ihllilllO"( 1111l!,?(s{'~lild{1l9 IF1S r:_~gularly ,:'11 [,y t:iC ~. Co~~_i~_~_i?n_ _ il1; i1 11:;;(!til1g thereof Iv::ld ,i I :'l' !.th ':,lY u f _ __~~_g;~_~tnn___ . 19 70 ; ,i-n,] lil<1 t the ~1 City Commission ... authorized the r-1ayor To sign this InCli'iOrandul1l of undcr- ,,':I:i-I~-tJ- \111 Lr:}',-i1 ((i(:;(J-id toiJncil. _____ _____ __ H___,-,HH .____H____ _-")' __ -------------- \ S i 9 11 J t u re R t SOL UTI 0 N . -- ...- .-.- - --.- -- -- -- It i '; hCl'ehy 1"('~;ol vi~d by th(~ ~___ _ _ City Comrni~si()~__. .. ___~ __n__. that ,II i , ;:,; ,l,\li!lid.11l1 0 r L1,ll!cr:; l>llHli Ill) fOI' :~edera 1 Ai d IJI'ojl'cf tio. M 1202 (1) '.'l'.ll il,(! StdLe of 11;)nL1n<'l, acting by and through the 1)"pal'tll1ent of -lJrgh~iays-~--is r:ldO-pt(:-d IJ/ (' is Counci 1; dnd the t.1ayor of The City of Bozeman is hereby empol'Jered "11'] ,.lIl Lhcll'l led to execute sai d Il1eI1l6ra-na-u-m--6l--lili~Jci'rs-tandlr)g--o'1~b-e-ha1 f of the ~ City Commis s ion :L L,-'~_ If) is_ . _ l!:th_ -/f .---.-..-,..-:::, ____ p_"_ day of /__]AU~~l-=~~ _______________ 19_?? '_.. _ "., ) ..,' / .. .' ~ (- / (_//.,. ////,. /.~..."f-.... ,./' - /'.' ",,' ". ----.--.;::.::.,. , //,u'-:: _ . ~;.~,<:"~(-~~- ~~~._ ..__. ._... ___~__(fL...[~:--'-.:.C~!--L----..-- n ,.L!c:J!~~__:-_L .-/ . ',- - . Cnmmiss iO'ler - -Ma)'O-r_ ~.. .---y. ..< h ,:::' // . ./- /;:.., .... . /~~'// . .'- /?- //Z-,;h""-/ <'..-; /", \. /, // -- "c:/ .Lt:- ,-(".. . .......".'>'.".../' /" ."\r.. // .........., , '-' .... Commls-sioner 'lf~~ --... - --------- - . ?'l~lm.isl~nei- i~-~-'L. ....-'C '~?~---7--- I '----~.. /" . \ " I r. .,:-~ . tCuJ (J ~l 'jI- !,~ t~\i ,f? < t. ~ Commissioner (fll-~------ --"" - _n__ . c;~~Ts-;i~'~;;; ._~------ -~--- ( COUll (, 1-llllJnT m_______ nn._ - -- -- n_________ ----(C-o"lin-cTrn-lariT--- - - - fCUU-rl-c."fllllan T-- ---~ --.. -----.- ----,~-- ~---Tto-uncnmanr-------~~------- _ ___ _ _ _ _ - . ________)__ ..-l----------- ----- .--. - -- ---------- ~---- -----~- (COlJrlci lillan ,i 1Counci 1nlanJ I\ll I " r: f? t!?kt' /. ~ ;:/ (p/' ..".. ,- -(,-- -~-Y\-- ..--.....---..---.----- ( C 1 ty C 161"'1< ) :.iI