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Home My WebLink About20- Agreement - Great Northwest Construction, Inc. - West Aspen Street Design and Construction Project Agreement between The City of Bozeman and Great Northwest Construction, Inc. for West Aspen Street Design and Construction Project Project Name: Midtown TO City of Bozeman #M I D20-001-Aspen St. Economic Development Department Project No: 18098.06 and the Midtown Urban Renewal Board IL AGREEMENT Between and Among GREAT NORTHWEST CONSTRUCTION, INC. AND THE CITY OF BOZEMAN For West Aspen Street Design and Construction Project This Agreement is hereby made and entered into by, between, and among Great Northwest Construction, Inc. ("Great Northwest"), a Montana Corporation, the owners of the south 45 feet of Lot 4 and all of Lot 5 in Block 2 of North Seventh Addition (the "Property"), and the City of Bozeman, with a mailing address of P.O. Box 1230, Bozeman Montana 59771 ("City"). As used in this Agreement, "City" includes the City's employees, agents, and contractors and "Great Northwest" includes Great Northwest's employees, agents, and contractors. A. BACKGROUND The City has undertaken planning and design to construct new sidewalks, boulevards, and a decorative street section on the West Aspen Street corridor in the Midtown Urban Renewal District in Bozeman, Montana (the "Project"). B. PURPOSE The purpose of this Agreement is to document the Project roles and responsibilities of each of the parties in relation to portions of the Project that will be conducted on and adjacent to the Property owned by Great Northwest. This Agreement will describe which party will be responsible of these aspects of the Project including construction efforts, oversight, maintenance, funding, and impacts to private property features. C. PROJECT The Project area is generally defined as incorporating West Aspen Street from North 7th Avenue to North 5`h Avenue and a portion of North 51h Avenue from West Tamarack Street to the south line of the BMX Park. The goal of the Project is to provide improvements to create a street festival corridor while providing a safe and visible access route for pedestrians and consumers. This Project will impact both the actual street elements within the confines of the existing curb and/gutter, driveway approaches, on-street parking, pedestrian ramps, roadside fixtures, and other similar improvements. D. PROJECT HISTORY The City initiated the first steps in the process to create the street festival by working with public officials and local property owners to develop a corridor plan. The Midtown Urban Renewal Board Midtown TO#MID20-001 Page 1 of 5 Aspen Street 18098.06 Agreement between The City of Bozeman and Great Northwest Construction, Inc. for West Aspen Street Design and Construction Project (MURB) is in the process of completing the Project construction plans, due to be completed in the spring of 2020. E. DETAILED PROJECT INFORMATION Project Improvements The City plans to reconstruct West Aspen Street to include a new paved roadway surface, water main, on-street parallel parking, sidewalks, boulevards and landscaping improvements. The new boulevards will be installed with a mix of planter boxes, trees, brick pavers and concrete. The City plans to complete intersection improvements at the intersection of West Aspen Street and North 5th Avenue with this Project. Planned Improvements include a new paved roadway surface, pedestrian ramps, concrete crosswalks, storm drainage system, and curb/gutter. North 51h Avenue will mostly remain intact with improvements consisting mainly of creating on- street back-in angled parking. The new parking will be installed on the east side of the road adjacent to the BMX Park to increase parking in the festival corridor for all users. Project Improvements on the Property The proposed Project improvements necessitate modifications to adjacent property features to facilitate a functional street corridor on West Aspen Street. The Property owned by Great Northwest is currently undergoing reconstruction for a commercial business. The Property incorporates two main approaches, one each to North 71h Avenue and West Aspen Street. The Property also has the potential to access an alley way along its east side. The approach to the Property on West Aspen Street conflicts with the Project improvements and its removal would significantly enhance the quality of the Project. In an effort to complete the Project and to enhance off-site drainage, the City has requested Great Northwest authorize removal of to the access to the Property from West Aspen Street in exchange for the City designing and constructing off-site storm drainage improvements. These improvements to the Property are referred to herein as the "Property Improvements.") The proposed storm drainage improvements to the Property include installation of surface collection drainage ways and a sub-surface infiltration dry well to capture and safely release surface runoff from the Property. Mitigating the surface drainage on the Property will reduce drainage impacts to adjacent properties and provide adequate infiltration that currently does not exist, reducing the risk of water damage to adjacent private improvements and stormwater encroachment into the public right-of-way. The Property Improvements to be completed by the City are defined in Exhibit "A", F. OBLIGATIONS OF THE CITY RELATED TO THE PROPERTY IMPROVEMENTS 1. Except as otherwise provided herein, the City agrees to furnish all plans, engineering, supervision, labor, material, supplies and equipment necessary for construction of the Property Improvements. 2. The City agrees to submit and pay the cost associated with the required Site Plan Modification application to the Department of Community Development detailing the proposed Property Improvements. 3. The City agrees to construct the Property Improvements and contract for and administer the construction of the Property Improvements as defined in Exhibit "A". Midtown TO#MID20-001 Page 2 of 5 Aspen Street 18098.06 Agreement between The City of Bozeman and Great Northwest Construction, Inc. for West Aspen Street Design and Construction Project G. OBLIGATIONS OF GREAT NORTHWEST 1. Great Northwest hereby grants the City permission, terminable as provided herein, to use the Property for purposes of completing the Property Improvements, during the term listed herein and only on the terms and conditions set forth or reasonable orders of the Great Northwest's authorized representatives made from time to time, which City promises to comply with and abide by. City agrees to comply with all City ordinances and other rules and regulations regarding permits and approvals related to City's operations on the Property related to the Project as well as those of any other governmental entity having jurisdiction. 2. Great Northwest agrees to allow the City to remove the private driveway approach to West Aspen Street to the Property and to install a new storm drainage system on the subject property to mitigate storm water run-off from the subject property only. 3. Great Northwest agrees to maintain the sidewalk and boulevard areas adjacent to their property as required by Bozeman Municipal Code, Sections 34.04.020, 34.06.020, and 38.550.070. Such maintenance activities include replacing damaged sidewalk, snow removal, and maintaining damaged boulevard brick pavers. H. GENERAL 1. TERM/AMENDMENT/TERMINATION. This Agreement is effective �� 20')�' and will expire on January 1, 2022. This Agreement may be amended only in writing, signed by the two parties. If either party fails to comply with any term of this Agreement, the non-defaulting party may, at its option, terminate this Agreement and the parties shall be released from all obligations if default is not cured within thirty (30) calendar days after written notice of the default is provided to the non-defaulting party. Within thirty(30) days of expiration or termination of this Agreement, City agrees to remove all of City's personal property from the Property and restore the Property to the original condition existing at the time the City commenced its use of the Property, but only to the extent changes in the condition of the Property were caused by the City's use. 2. PRINCIPAL CONTACTS. The principal contacts for this instrument are: City of Bozeman Great Northwest Construction, Inc. c/o Brit Fontenot c/o Steven Schlegel 121 N Rouse 1929 Bozeman Trail P.O. Box 1230 Bozeman, MT 59715 Bozeman, MT 59771-1230 Phone: (406) 570-4898 Phone: (406) 582-2321 3. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of their respective party are authorized to act in their respective areas for matters related to this agreement. Midtown TO#MID20-001 Page 3 of 5 Aspen Street 18098.06 Agreement between The City of Bozeman and Great Northwest Construction, Inc. for West Aspen Street Design and Construction Project 4. INDEPENDENT CONTRACTORS. The Parties agree and acknowledge that in the performance of this Agreement City shall not be considered an agent, representative, subcontractor, or employee of Great Northwest and Great Northwest shall not be considered an agent, representative, subcontractor or employee of City. 5. INTEGRATION. This Agreement constitutes the entire agreement of the Parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. signature page to follow Midtown TO#MID20-001 Page 4 of 5 Aspen Street 18098.06 Agreement between The City of Bozeman and Great Northwest Construction, Inc. for West Aspen Street Design and Construction Project THE PARTIES HERETO have executed this instrument. CITY OF BOZEMAN ^ kDate: l Name: Der4mts 11K"rAy oR Title: )qy-mgi M C Cty M &Y446vER ATTEST: 31 Date: a Name: N1A#*r5 Title: C C.`e 9-'A- GREAT NORTHWEST CONSTRUCTION INC. i Date: Na e: Title: Date: Name: Title: Midtown TO#MID20-001 Page 5 of 5 Aspen Street 18098.06 n � a xVazos do AID HHL (U mmuaad xsc (ILL HIMOx `Z 7LWM `s UM T V Un do St g_� o I I � 8E-1 OgOg I I § 1 1,- � I $ $ I —`�9t JI �E rV iz-3 tvidJ ^.'lLIt70V H.C HltJ<I; d" rVTV6 oN•royo �� ~I' _ _ I r I 9 / I gY to � I p I tt y w u a yg� I 4 a a b? Ae u o v y 00 e v; c `m E c E ai a` `I I -movND or rn � - 2 _ G! 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