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HomeMy WebLinkAbout76- North 19th, Main to Durston Memorandum of Understanding with Dept. of Highways , . ... .. PROJECT M 1201 (1) , . -- DESIGNATION North 19th - Main to r_"" Durston MEMORANDUM OF UNDERSTANDING ~--"------r-.~~_ __ This Memorandum of Understanding entered into this 4th day of ---.!I_':lgus t , 19 76 , by and between the State of Montana Department of Highways, hereinafter called the State and the City (or Town) of Bozeman , a Montana municipal ~-"~.,~-"~~~ corporation, hereinafter called the City (or Town). WITNESSETH n WHEREAS, the State and the City (or Town) are desirous of having North 19th - .- Main-Durston reconstructed to current standards; and .. _._n . - '-" ~,..,,_.,~.,,"- ._.._.~..,'~._~,..~.,- WHEREAS, it appears that by Fiscal Year 1979 , sufficient Federa1 and State highway construction funds will be available to accomplish said reconstruction; and WHEREAS, the State and the City (or Town) are desirous of seeing that No~th 19~~- }1ain t:<?1lu.r.~J:..~~____ is maintained in good repair after said reconstruction is accomp- I i shed; NOW, THEREFORE, it is hereby understood and agreed as follows: The State agrees to proceed with the development of Project M 1201 (1) to reconstruct North 19th - Main to Durston .-.- ~ '-'."- .-- '"'",-,-""-,,-~.__.~,,.,._,.~,,~.,.,-, --. -,.,-,~~-,~,~~,.~~,~,- October 1978 is considered to be the best estimate of the date when the , -.- . Tolf(E") --,-~---------- --- project can be let to contract. However, the actual letting date could be earlier or later depending upon the magnitude of complications arising during project development, right-of-way acquisition and upon the availability of funds. Funding and right-of-way clvailabi lity 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 North 19th - -~ ._~':l-~~-=-J?~r~~o._~ as the "no build" alternate must be considered a viable alternate at every stage of development. It is a commitment 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 - ~ The City (or Town) agrees to make' a thorough investigation of its existing storm sewer facilities in areas adjacent to the proposed project to determine the adequacy of such facilities for intercepting storm runoff before reaching the proposed project. The City (or Town) further agrees to participate in the cost of the storm sewer portion of the proposed project when existing facilities are inadequate and the State must intercept the storm runoff with participation ratios determined by methods acceptable to all parties concerned. Also the City (or Town) should indicate areas where local storm sewer improvement plans and the State's storm sewer could be combined with savings to both parties. The City (or Town) agrees to examine its long range plans for the area traversed by the project with respect to water and sanitary sewer condition and needs. It agrees to replace those facilities that are located under the proposed project and Jre 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 time in the forseeable future be serviced from beneath the project. The City (or Town) agrees to advise the utility companies responsible for power, <JdS, phone. etc., of the future plans for the area. The utnity companies are encouraged to make provisions for any underground utility additions, adjustments, or n~placements anticipated within twenty years after the estimated completion date of the proposed project. The City (or Town) agrees to remove or cause to be removed all encroachments frOl1l the deej-jcated ri~Jht-of-way within the limits of the reconstruction. It ag rees to disJllow any future unauthorized use of the right-of-way within the limits of the project. rhe City (or Town) agrees to cooperate fully with the State in the establishment of speedlirnits within th'is project. Speed limits will be based on traffic and engineering investigation as required by Section 32-2145 and 32-2146 of the Motor ------------- -------- . .' - 3 - Vehicle Code and will be performed by the State. The City (or Town) agrees to pay one half the State's share of the cost of curb and gutter installed within the city limits required in the reconstruction of thi s project. The City (or Town) agrees to pass the necessary ordinances or laws to prohibit stoppinq, or parking a vehicle on a sidewalk, in front of a public or private driveway, within an intersection, on a crosswalk, or within twenty feet of a crosswalk on this project or within thirty feet of the approach to a stop sign or signalized intersection. The City (or Town) agrees to pass the necessary ordinances or laws to prohibit angle parking within the limits of this project. The City (or Town) agrees to requi re any person, persons, fi I'm, partnershi p, copartnershi p, corporation, associ ati on, or any other entity, before making any opening in said reconstructed street (avenue) as covered by this agreement to secure a permit from the City (or Town) Counci l. The Ci ty (or Town) Counci 1 in turn wi 11 advise the representative of the State of the issuance of such permit and require that all work be in strict conformity with specifications of the State to govern such operation. In addition, the following minimum requirements shall be strictly COlllp 1 i cd wi th : (a) Any such applicant requesting permission to make a street opening within the I illli ts of this project must fi rst 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. For trenches exceeding 2,000 square feet of surface area, $5.00 per square foot, or in unusual cases, a hi gher 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) Any such applicant, shall simultaneously with the posting of the bond, . file with the Clerk of said City (or Town) a certificate of insurance, or its equivalent, providing pUblic liability coverage in the sum of not less than two hundred fifty thousand dollars ($250,000.00) for each person and not less than five hundred thousand dollars ($500,000.00) in the aggregate for anyone accident and not less than two hundred fifty thousand dollars ($250,000.00) property damage, to protect, indemnify and save harmless the parties hereto and their servants, agents and employees from any expense, cost. damage and liability of any kind or character 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 thereto. (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 prov'ided 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 a Special Improvement District and is replaced or upgraded. The City (or Town) or Special Improvement District will be expected to continue paying the anlount 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 agrees to maintain the'project if it is coincidental or a replacement of a highway facility presently maintained by the State when the project has been completed except that: The City (or Town) agrees to service, maintain and pay the costs of energy and operation of all traffic signals, flashers. signs (excluding guide signs and route markers) that are within the limits of this project or contract with the State for reimbursement 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 municipally owned utilities, within the limits of this project. The City (or Town) agrees to maintain the project after completion 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 Highways or his authorized representative has hereunto subscribed his name on behalf of the State of Montana and the Mayor of the Ci ty (OJlI'IMJIfMl) of ~J!.~~man on behalf of said City (~) of ~ozeman ...__.--___.__..u.__' has s ubscri bed hi s name and affi xed hereto the sea 1 of sai d City (or Town). DATED thi s__~_~_ day of August , 19 76 STATE or MONTANA, DEPARTMENT OF HIGHWAYS Ij. ,J. ANDERSON ~~ recto~ .of ~H12:U / ~ti'ittor - tngioeenng Division ,,~._,~ ._,r~ ~.,._._,.__..~"'~,.~..~"_.~,,.._._ .,-~ ATTEST: ~:J~DF -) I ..'J .j/' C./ " / !;Lr~~--L'Ci1;1f~~-- By /',?.......-... .':;...- c- c/ A:--~~.~~- - - .- J ~--_. . , Mayor ~ .. , " - 6 - . . . . . . . I., ErneY. _!l.r~~~g___ ._'". ._._..__.'.____, C1 erk of the ~!~1__9Q~I~t~~J~~. of ~1~.Y-2.f Bo~emen .\) II/IT'll,;, certify that the above-mentioned memorandum of understanding was regularly dclOp lc:d bV HIP ~ City Commission ... .... . ..' .. at a meet..i n9 thereof held on Uw LIth . day of August---"----------------..--19H76-~-;-.and that the ~f Citr_:~?~~~_~_io~_:~_':~~Thori zed - the May-or"to si gn this memorandum of under- ,I,andirlq on behalf of said ~Commission. ~ -/----/ L .. '-<'ac~:--~(g=tt~%)~~7"-'---" RES 0 L UTI 0 N ._~. -,~, ,.-... -,. ,_.~ .,. - -~~ ~- ....- - - It is heceby I'('solved by the ~ CityGolllmissLon ... ..... .. .. .... .. that ! hi '. 1'1c'illojrmdnll1 of Unders tandi ng for Federal A{cf""t>"rci}e(;r---No'-- -M-12t.rr-- {IJ----"-- ',Jith Lhe State of ~~ontana, acting by and through the Departrnen't"-6'}'"--HTg-fiwa;S-~ is adopted by thi s Council; and the Mayor of The City of Bozeman . .... is hereby empowered dnd authori zed to execute sai d menlora-n-du-iil-o-r'-u-riae~rs fan-afn-~T ~o-n-b-eha1 f of the ~ City Commission -- ...-- . - .. - -,~ 1J,ILf'd t.his 4th ' day of August 1976. " . ) - - -.-- - ---~) ~ ---=-.::::::==-~----~--- - ---.-- ?" ,'/-"- - ~ ~ J //;fr>'jY~;::---' -/ -I.~.J ~CY>_d / ..~,.' .,' / "-,' t:...._~.-" ~_.." ,_... ' . / ; - -- -"COtnt'Q!sslcrriet-C.' . . . ... .----...-----..-..~----._- . _fL.. . .. ... ,. .. . . "litayor / -'.. I / / /c:t:- '" ~' ". / -- ~~.tL " ....<: _ .,.e;; '";iI/!.- .-:t ~..... ,F '-- l' :,.' ~ ~..,.~,.... M- Commiss loner .~. ._n_ ____m__ ------- ~ ~omm 'ss-loner - . .- t ri '1; . Lis y t /J 0" ''''-/~~I,_.I,-;2-'/v')J\-, '- ......'~ . Commissioner ~ . -',~-"- --.- .~' ~.~_._- ---C-ommfss-ro'ne-f ~ - .-')----__----n---- ------- -- -- ----., Tc'6-u-n-i:flfi1ail} (( lliJll\_i IllIan , ..' ..... -----'T-'- _n__....________~.._._.._m.m .--.-.-.---~..-...-~----....Tt"()lAn.i;1-Tiiian1~------" , - I UIlHl'.l IllliHl '.r ________nn___~____ ..----------" - .. .. C(:oun~c.ilina~n~-" ((\"HI ( il il1dn i\ i ! I', i ' (,.'-,. - -,. ...>-----}---_._.----._--"_.__._---~-- Ll ty Chrk