Loading...
HomeMy WebLinkAbout06- Rouse and Oak J _ r.... MEMORANDUM OF UNDERSTANDING BETWEEN THE MONTANA DEPARTMENT OF TRANSPORTATION, THE CITY OF BOZEMAN AND MONTANA AVENUE PARTNERS, LLC. August 17,2006 J . ~ 2 This Memorandum of Understanding (MOU) by and among the MONTANA DEPARTMENT OF TRANSPORTATION, 2701 Prospect Avenue, P.O. Box 201001, Helena, MT 59620-1001 (MDT), THE CITY OF BOZEMAN, 411 East Main, Bozeman, MT 59771-0640 (CITY) and MONTANA AVENUE PARTNERS, LLC, 1006 West Main Street, Bozeman, MT 59715 (DEVELOPERS) sets forth the coordination of the planning, design, and costs of necessary future access to and construction of roadway accesses under state jurisdiction, specifically the intersection of Rouse Avenue and Oak Street in Bozeman, to accommodate the safety of the traveling public. WHEREAS, MDT is responsible for planning, designing, constructing, and maintaining State Highways and roadways and associated transportation facilities, including associated pull-offs, parking areas, and rest areas for the use and benefit of the traveling public, in a safe and efficient manner in accordance with Title 23 United States Codes (U.S.C.) and Title 60, Montana Code Annotated (MCA); and WHEREAS, the CITY is responsible for planning, designing, constructing, and maintaining Bozeman City roadways and associated transportation facilities in a safe and efficient manner and has overall approval authority for development of the Northside Development; and WHEREAS, the DEVELOPERS have or will individually proposed and submitted a pre- application design for a subdivision west of Rouse Avenue which may affect roadways and streets under the jurisdiction of the MDT and the CITY; and WHEREAS, the parties mutually agree that a cooperative delineation and identification of the statutory, regulatory and agreed duties and responsibilities of the parties is essential to the overall development process; NOW, THEREFORE, the parties set forth the fundamental duties and responsibilities necessary to accommodate the safety of the traveling public on the affected MDT and CITY roadways. 1. Desiqn - DEVELOPERS will: Provide MDT with a warrant analysis and design plans to include ADA provisions and striping. The parties acknowledge that the warrant analysis has been completed. Pay for costs associated with the development, design and construction of the necessary improvements on state roadways related to the proposed actions of the DEVELOPERS, including any costs related to utility relocations, environmental mitigation or traffic control. Costs of certain improvements, as identified in the City's Street Capital Improvement Program, will be reimbursed to DEVELOPERS by the CITY through street impact fees, upon submittal of required documentation. .- , . 3 Create project geometrics and detailed design in accordance with MDT Geometric Standards, MDT Traffic Engineering Manual, The Manual of Uniform Traffic Control Devices and the MDT Road Design Manual. In consultation with MDT, be responsible for developing and completing the design of the necessary intersection improvements at the intersection of Rouse Avenue and Oak Street in Bozeman. Final design approval will be subject to the reasonable review and approval of MDT. Provide a set of final plans that have been approved by MDT for said improvements. Improvements to the roadways are as follows: o A permanent traffic signal at the intersection of Rouse Avenue and Oak Street to include geometric Improvements and striping associated with a newly signalized Intersection. Support and be responsible for the development drainage. Storm water drainage cannot be discharged upon Rouse Avenue. MDT will: Provide MDT data and technical requirements and assistance necessary for the development, completion and approval of the geometric and/or traffic signal design for necessary roadway improvements. As soon as reasonably practicable, review plans, designs and data submitted by the DEVELOPERS and if found acceptable, approve individual submissions, insuring all MDT design standards are met. Coordinate with the DEVELOPERS and the CITY in the overall review of the plans. CITY will: Reimburse the DEVELOPER for eligible costs associated with the development, design and construction of the necessary improvements to the Intersection of Oak Street and Rouse Avenue, including, but not necessarily limited to the Installation of the traffic signal and geometric improvements to the streets, upon submittal of required documents. Such reimbursement shall not exceed $350,000, and shall be made in cash or cash equivalent funds. Agree to make approvals for the Northslde development contingent on agreed upon design features related to city and state roadways. Coordinate and consult with the DEVELOPERS and MDT on review of plans. , . .. 4 2. Construction DEVELOPERS will: Be responsible for acquiring all permits and authorizations including all environmental clearances, such as compliance with the Montana Environmental Policy Act, necessary for the associated roadway improvements and for developing a plan acceptable to the MDT for those aspects of the development affecting state roadways. Install a permanent traffic signal and related improvements at the intersection of Rouse Avenue and Oak Street per MDT approved plans. This would include all required elements whether available from MDT or DEVELOPER provided. Submit for MDT approval a traffic control plan that Is sufficient to protect the traveling public and maintain traffic flow through the construction site throughout the duration of the project. Insure inspection services are provided under the supervision of a licensed professional engineer during construction of the roadway improvements. To the extent applicable to Its responsibilities hereunder, comply with the Americans With Disabilities Act (ADA), the Montana Governmental Code of Fair Practices, 49-3-207, MCA, Title VI of the Civil Rights Act, the Civil Rights Act of 1964, and all other relevant nondiscrimination and labor statutes, regulations or procedures. Provide MDT and the City of Bozeman a set of revised construction plans depicting the as-built condition In Microstation format. MDT will: As soon as reasonably practicable review and approve, if adequate, the DEVELOPERS' submittals related to the required traffic control plan and traffic signa~ control equipment. At the required time conduct signal turn- on and coordination with other signals. Request additional approvals or concurrence from the Transportation Commission as needed, throughout the course of the activities contemplated by this agreement. Make available existing MDT ~owned right-of-way required for the traffic control improvements to be made to the intersection of Rouse Avenue and Oak Street as contemplated by this MOU. , ' ," 5 Provide signal equipment, if available including those items described in Attachment B. Program and test the signal prior to activation. Activate signal upon satisfactory completion of the work. MDT will make all reasonable efforts to inspect the work and activate the signal so as not to delay CITY issuance of occupancy permits for the Northside development. Conduct final inspection of work requiring MDT approval. 3. Modifications and Amendment This MOU may be modified or amended, In writing, by the mutual agreement of the parties involved. This MOU is assignable by the DEVELOPERS only upon the written acceptance of the assignee by MDT. 4. Termination All parties agree to act reasonably, exercise good faith and due diligence and move in an efficient and expeditious manner towards development of these proposals under the conditions specified within this document. Any party may terminate this agreement, and all obligations of all parties hereunder, with 3D-day notice in writing to the other parties of the intention to do so. The MOU may not be terminated once the contract or contracts have been awarded for construction of the associated highway projects. 5. Governinq Law This agreement shall be governed by the laws of the State of Montana. Venue for any litigation will be in Lewis and Clark County, State of Montana. In case of conflict between the obligation Imposed by this MOU and Montana law then Montana law will control. 6. Supplementation of Aoreement The parties agree that it may be desirable to provide individual or more specific provisions, which may be accomplished through the execution of supplements to this agreement as needed. 7. Non-Discrimination All parties will require during the performance of any work arising out of this agreement that the all parties, for themselves, assignees and contractors shall comply with all applicable non-discrimination regulations shown on Attachment A. . ~ . . SIGNATURE PAGE Approved for Legal Sufficiency: Date 0((' f 1ft b B Date: J 0 J (, 10.(;, Approved for ~i9htS: By: --:?huJL.. (b~ na Depa ment of Transportatio-n Date: 10 /30 /D~ I I n By: Date: IOf 2-(( 0 (, By: C~A..~ City of Bozeman BY~~~~ Date: I~f..(. C. 6 . . . . 7 ATTACHMENT A During the performance of this Agreement, the Local Agency, for itself, its assignees and successors in interest, agrees as follows: A) (4) (5) (6) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-AID CONTRACTS (1 ) Compliance with ReQulations: The Local Agency shall comply with all Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, 49 Code of Federal Regulations, Part 26, as they may be amended (hereafter referred to as the Regulations), which are incorporated by reference and made a part of this Agreement, even though only state funding is here involved. Nondiscrimination: The Local Agency, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of sex, race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Agency shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 26.5. Solicitations for Subcontracts. Including Procurement of Materials and Eauioment: In all solicitations, whether by competitive bidding or negotiation by the Local Agency for work to be performed under a subcontract, Including procurement of materials or leases of equipment, any potential subcontractor or supplier shall be notified by the Local Agency of the Local Agency's obli~ations under this Agreement and the Regulations relative to nondiscrimination. Information and Reports: The Local Agency will provide all reports and information required by the Regulations, or directives issued pursuant thereto, and permit access to its books, records, accounts, other sources of Information and its facilities as may be determined by State or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with Regulations or directives. Where any information required of the Local Agency is in the exclusive possession of another who fails or refuses to furnish this information, the Local Agency shall so certify to the Department or the FHWA as requested, setting forth what efforts it has made to obtain the information. Sanctions for Noncomoliance: In the event of the Local Agency's noncompliance with the nondiscrimination provisions of this Agreement, State may impose sanctions as it or the FHWA determines appropriate, including, but not limited to, (a) Withholding payments to the Local Agency under the Agreement until the Local Agency complies, and/or (b) Cancellation, termination or suspension of the Agreement, in whole or in part. Incorporation of Provisions: The Local Agency will include the provisions of paragraphs (1) through (6) in every subcontract, including procurement (2) (3) .. .> 8 of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Local Agency will take such action with respect to any subcontract or procurement as the State or the FHWA may direct to enforce such provisions including sanctions for noncompliance: Provided, however, that in the event the Local Agency is sued or is threatened with litigation by a subcontractor or supplier as a result of such direction, the Local Agency may request the State to enter Into the litigation to protect the interests of the State, and, in addition, the Local Agency or the State may request the United States to enter into such litigation to protect the interests of the United States. B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, S49-3-207, MCA In accordance with Section 49-3-207, MCA, The Local Agency agrees that for this Agreement all hiring will be made on the basis of merit and qualifications and that there will be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the Agreement. C) COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) (1) The Local A~ency will comply with all regulations relative to implementation of the AMERICANS WITH DISABILITIES ACT. (2) The Local Agency will incorporate or communicate the Intent of the following statement in all publications, announcements, video recordings, course offerings or other program outputs: "The Local Agency will provide reasonable accommodations for any known disability that may Interfere with a person In participating In any service, program or activity offered by the Local Agency. In the case of documents, recordings or verbal presentations, alternative accessible formats will be provided. For further Information call the Local Agency." (3) All video recordings produced and created under contract and/or agreement will be closed-captioned. D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS, 49 CFR S26 Each Agreement the Department signs with a Local Agency (and each subcontract the prime contractor signs with a subcontractor) must mclude the following assurance: The Local Agency, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Local Agency shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the Local Agency to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. ~. . .. ATTACHMENT B OAK AND ROUSE EQUIPMENT LIST MATERIAL QUANTITY LENGTH HAVE NEED POLE TYPE: 3-A-900 1 20 POLE TYPE: 3-A-900 3 45 SIGNAL STANDARDS 4 SIGNAL CONTROLLER TYPE P 1 12" SIGNAL HEAD - 3 SECTION B OPTICOM SENSORS 4 LUMINARES - 15' ARMS 4 PPB'1-120 4 PED HEAD B