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HomeMy WebLinkAbout03- Rouse Ave. Memorandum of Understanding with Dept. Of Transportation .. . . . PROJECT: STPP 86- 1(27)0 DESIGNATION: Rouse Ave. - Bozeman CONTROL NUMBER: 4805 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into this 1'-rt---. day of ~e_b(UA.f~ ' 20.QL by and between the State of Montana Department of Transportation, hereinafter called the State, and the City of Bozeman, a Montana municipal corporation, hereafter called the City. WIT N E SSE T H: WHEREAS, the State and the City are desirous of having State Primary route P-86 (Rouse Avenue) reconstructed; and, WHEREAS, it appears that by Fiscal Year 2008 or beyond, sufficient Federal and State highway construction funds will be available to accomplish said resurfacing; and, WHEREAS, the Greater Bozeman Area Transportation Plan, 2001 update, identified the reconstruction of Rouse Avenue as a priority; and, WHEREAS, the State and the City are desirous of seeing that Rouse Avenue is maintained in good repair after said reconstruction is accomplished; NOW, THEREFORE, it is hereby understood and agreed as follows: 1. The State agrees to proceed with the development of Project STPP 86-1(27)0 to reconstruct Rouse Avenue from reference post (RP) 0.0 at the intersection with Main Street to RP 2.0 at Story Mill Road. The project will include new roadway construction to provide four travel lanes, turn bays at major intersections, bicycle lanes if possible, sidewalks, ADA ramps, curb and gutter, storm drainage improvements, plant mix surfacing, seal and cover, signing, and new pavement markings. Bozeman Creek flows adjacent to a section of Rouse Avenue and crosses the road via a large box culvert. The crossing will be maintained in place or replaced as necessary . The year 2008 or beyond is considered to be the best estimate to let the project to contract. The actual letting date will depend upon plan development, the magnitude of issues arising during project development, right-of-way acquisition, and upon the availability of funds. This is not a commitment by the State to build STPP 86-1(27)0, 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 agrees to examine its long-range plans for water service and sanitary sewer condition and needs. Prior to plan completion, it further agrees to identify water and sewer service needs, including "stubs", to all areas that will, at any time in the foreseeable future, be serviced from beneath the project. The City agrees to inventory and advise MDT of the condition of all water service lines. Prior to or during project construction, the City agrees to replace water lines or sanitary sewer facilities that are located under the proposed project that are in such a 1 .. - condition that they may require replacement within twenty years after the estimated completion date ofthe proposed project. The City agrees to ensure that any City construction work within the project limits is completed prior to the letting of the project, or that provisions are made to coordinate the City construction with the MDT project. The City agrees to pay MDT for all City owned facilities installed by the MDT contractor during construction of the project, unless the facilities are in conflict with the project construction. For facilities that must be moved because of conflicts with the proposed project, MDT will prepare a utility agreement and will pay its proportional share of the cost as detennined by State Statute. 3. The City agrees to advise the utility companies responsible for water, power, gas, phone, etc. of the future plans for the area and to encourage the utility companies to make provisions for any underground utility additions, adjustments, or replacements anticipated within twenty years after the estimated completion date of the proposed project. 4. The City agrees to cooperate fully with the State in the establishment of speed limits within this project. Speed limits will be based on traffic and engineering investigations as required by Section 61-8-309 and 61-8-310, Montana Code Annotated. Said traffic and engineering investigations will be performed by the State. 5. The City agrees to pass and enforce the necessary ordinances or laws to prohibit stopping or parking a vehicle within the intersection, on a crosswalk, or within twenty feet of a crosswalk on this project or within thirty feet of the approach to the intersection. 6. The City agrees it shall be liable for the City's encroachment upon right-of-way of said highway by a party or parties of any entity, for the purpose of opening or trenching said highway as covered by this agreement. In addition, the City shall: (a) Advise representatives of the State whenever an opening or trench is to be made in said highway. (b) Assure that said trench or highway opening shall be reconstructed at no cost to the State, in strict conformity with specifications that are furnished by the State to govern such openings. (c) Allow or insure that the work to be subject to inspection by the engineers of the State, and any work found to be unacceptable shall be removed and satisfactorily corrected. (d) If unsatisfactory work or materials are not corrected within a reasonable time after written notice by the State to the City, then the State shall complete the work and bill the City for all costs involved. (e) Use proper traffic control signs and devices or flaggers, if necessary, to control traffic around the work area in accordance with the "Manual on Uniform Traffic Control Devices." 2 .. . . 7. 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 by a Special Improvement District and is replaced or upgraded. The City 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 utility company increases the cost of energy or maintenance, the City or Special Improvement District will be expected to pay their proportionate share of the rate increase. 8. 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: 9. The City agrees to maintain all signs required to enforce City ordinances. 10. The City agrees to maintain storm drains 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. IN WITNESS WHEREOF, the Director of Transportation or his authorized representative has hereunto subscribed his name on behalf of the State of Montana and the City Manger of the City of Bozeman, on behalf of said City of Bozeman, has hereunto subscribed his name and affixed hereto the seal of said City. DATED this -r-rh day of ~elo (uo.ji ' 20D3 . STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION By rhie~~ginee~ghwaYs and Eng~ Division CITY OF BOZEMAN By " ~\ 1- . City Manger, City of Bozeman 3 # ATTEST: City Clerk I, Robi n L. Sull i van , Clerk of the City of Bozeman, do hereby certify that the above Memorandum of Understanding was regularly adopted by the Commission of said City at a meeting thereof held on the 3rd day of Februarv , 20~; and that the Commission of Bozeman has authorized the City Manger to sign this Memorandum of Understanding on behalf of said Commission. ~ J ~ [official seal] (Signature, City Clerk)- RESOLUTION It is hereby resolved by the Commission of the City of Bozeman that this Memorandum of Understanding for Federal Aid Project No. STPP 86-1(27)0 with the State of Montana, acting by the through the Department of Transportation, is adopted by this Commission; and the Mayor of the City of Bozeman is hereby empowered and authorized to execute said Memorandum of Understanding on behalf of the Commission of Bozeman. DATED this day of ,20 . (Commissioner) (Commissioner) (Commissioner) (Commissioner) (Commissioner) (Commissioner) ATTEST: (City Clerk) 4