HomeMy WebLinkAbout04- MDT/Mitchell Development-Huffine & College St.
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE MONTANA DEPARTMENT OF TRANSPORTATION,
THE CITY OF BOZEMAN,
AND THE MITCHELL DEVELOPMENT GROUP, LLC
August 25, 2004
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This Memorandum of Understanding (MOU) by and among the MONTANA
DEPARTMENT OF TRANSPORTATION, 2701 Prospect Avenue, P.O. Box 201001,
Helena, MT 59620-1001 (STATE or MDT), THE CITY OF BOZEMAN, 411 East Main,
Bozeman, MT 59771-0640 (CITY) and MITCHELL DEVELOPMENT GROUP, LLC,
P.O. Box 738, Great Falls, MT 59403 (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 Huffine Lane, to accommodate the safety
of the traveling public and increased traffic flow on such roadways due to the
DEVELOPERS proposed actions.
WHEREAS, the MDT is responsible for planning, designing, constructing, and
maintaining State Highways and roadways and associated transportation facilities,
including associated puIl-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
Bozeman Gateway Mixed-Use Development; and
WHEREAS, the DEVELOPERS have or will individually proposed and submitted a pre-
application design for a major subdivision south of Huffine Lane which will 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 due to increased traffic
flow on the affected MDT and CITY roadways resulting from the DEVELOPERS
proposed actions.
1. Desiqn - The DEVELOPERS shall, in consultation with MDT, be responsible for
developing and completing the design of the necessary state roadway
improvements for access to Huffine Lane (P-50) US 191 and College Street (U-
1210). Final design approval will be subject to the reasonable review and
approval of the MDT for all aspects affecting state roadways.
DEVELOPERS will:
- 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. The City
acknowledges and agrees that the improvements to be constructed by the
Developer hereunder will benefit other property owners and the City
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agrees that they will cooperate with and reasonably assist the Developer
in obtaining contributions or reimbursements from such benefited property
owners for the costs incurred by the Developer in designing and
constructing such improvements.
- Develop project geometries 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.
- Comply with MDT application processes for requests for new access or
alteration to existing access. This includes preparing any documents
necessary for compliance with the Montana Environmental Policy Act.
- Support and be responsible for the development drainage. Storm water
drainage cannot be discharged upon Huffine Lane.
- Provide a set of final plans that have been approved by MDT for the
access and improvements on state roadways prior to MDT issuance of
any permits. Improvements to the roadways are as follows:
0 A traffic signal at the intersection of Fowler Avenue and Huffine Lane
to include geometric improvements and striping associated with a new
signalized intersection.
0 A % movement (No left turn out) private access (Harmon Stream Blvd.)
intersecting Huffine Lane from the south between Fowler Avenue and
College Street. This will also include geometric improvements and
striping.
0 Intersection improvements at Huffine Lane and College Street.
0 Intersection improvements at South 19th Avenue and Garfield Street.
0 A restricted movement access (Right-in, Right-out only) on College
Street that includes associated geometric improvements and striping.
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 Developer and the CITY in the overall review of the
plans.
CITY will:
- Agree to make approvals for the Bozeman Gateway development
contingent on agreed upon design features related to city and state
roadways.
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- Coordinate and consult with the Developer and MDT on review of plans.
- Be the applicant and responsible party for the Fowler Avenue/Huffine Lane
intersection with the traffic signal and associated geometric improvements
and striping.
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.
- Submit for MDT approval a traffic control plan that is sufficient to protect
the traveling public and maintain traffic flow through the construction sites
on state roadways.
- 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 a set of revised construction plans depicting the as-built
condition in Microstation format.
- Insure the traffic signal at Huffine Lane and Fowler Avenue is turned on
and operational 45 days after the installation of the first signal pole. This
is subject to MDT and the City performing their respective obligations
hereunder and subject to events and circumstances beyond the
reasonable control of the Developer (excluding financial).
MDT will:
- As soon as reasonably practicable review and approve if adequate the
DEVELOPERS submittals related to the required traffic control plan and
traffic signal 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
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contemplated by this agreement.
- Conduct final inspection of work requiring MDT approval.
- Issue approach permits for access to Huffine Lane once all MDT
requirements for the approaches have been met.
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 30-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.
6. 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.
7. Supplementation of Aqreement
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.
Approved for Legal Sufficiency
Date: Jjl-lj' 2r ) lco1 By: ~a~~f Transportation
~ i ) By: ~~~
Date:' ,i cu b~
Montana Department of Transportation
Date: September 20, 2004 By: ~A.~
City of Bozeman
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SIGNATURE PAGE - Mitchell Development Group LLC
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By: .. K-'
i chell Development Group, LL;J
Manager
Date: ~~ sO - CJ7
State of Montana
County of Gallatin
This instrument was acknowledged before me on ~-3o-C'\~ by
Theodore J. Mitchell as Manager of the Mitchell Development Group LLC.
4.u;.00Cl... ~~OOC()
Notary Public of Montana
My commission expires: j - 15 - 0 ~