GENERAL OBLIGATIONS OF THE CITY. 1. The City agrees to conform in all regards to Mont. Code Xxx. Title 61, Chapter 8, and will not take any action, by enacting an ordinance or otherwise, in contradiction of the traffic laws in Mont. Code Xxx. Title 61, Chapter 8.
2. The City will provide appropriate and timely input during the Project’s development.
3. The City will continue to enforce the ordinances, laws and/or regulations necessary and essential for the operations of the project.
4. The City, at its sole expense, will maintain the City signs installed as part of this project. For the purposes of this Agreement, “maintenance of signs”, is defined as: the inspection, cleaning, repair and replacement of signs damaged through weathering, vandalism, the wind, or other means.
5. The City, at its sole expense, must obtain and maintain all federal, state and local building permits or other permits of any type or nature required by a governing authority, except as noted in this Agreement.
6. The City agrees that no new permanent feature shall be permitted within the path right-of-way.
7. Unless specified otherwise herein, the City agrees it will fund any additional costs MDT may incur for MDT projects which impact any amenities the City places in the MDT right-of-way.
8. The City agrees to regulate utility occupancy on the right-of-way of this highway in conformance with occupancy regulations that comply with or are more restrictive than the requirements of the Administrative Rule of Montana, 18.7.201 thru 18.7.241, governing "Right of Way Occupancy by Utilities."
9. The City agrees that it will assume full and complete responsibility for the project upon notification by MDT of the Project’s Substantial Completion. The City’s acceptance of the substantially completed project includes accepting any right of way acquired for the project and ownership and responsibility for any permits obtained for the project.
GENERAL OBLIGATIONS OF THE CITY. 1. The City will design, award, and administer the construction contract to construct the Project.
2. The City will provide MDT opportunities to participate in the Project’s development, including invitation to the final inspection of the Project.
3. The City agrees to conform in all regards to Mont. Code Xxx. Title 61, Chapter 8, and will not take any action, by enacting an ordinance or otherwise, in contradiction of the traffic laws in Mont. Code Xxx. Title 61, Chapter 8.
4. The City will continue to enforce the ordinances, laws and/or regulations necessary and essential for the operations of the Project.
5. The City, at its sole expense, will maintain the City signs installed as part of this Project. For the purposes of this Agreement, “maintenance of signs”, is defined as: the inspection, cleaning, repair and replacement of signs damaged through weathering, vandalism, the wind, or other means.
6. The City, at its sole expense, must obtain and maintain all federal, state and local building permits or other permits of any type or nature required by a governing authority, except as noted in this Agreement.
7. Unless specified otherwise herein, the City agrees any amenities added and solely paid for by the City with this Project to the project location are the sole responsibility of the City. If these amenities must be moved or modified by MDT due to future projects or maintenance requirements, the costs for moving or modifying the amenities will be paid for solely by the City. MDT will notify the City in advance of the need to move or modify the amenities and allow a reasonable amount of time to perform the work. If the City chooses not to move or modify the amenities, MDT will perform the work and invoice the City for the costs.
8. The City agrees that it will assume full and complete responsibility for the Project including any right of way acquired for the Project and ownership and responsibility for any permits obtained for the Project.
GENERAL OBLIGATIONS OF THE CITY. The City agrees to accept jurisdictional authority to operate and maintain roadway and right-of-way features on the ROUTES and must operate and maintain all the completed projects at its sole expense, regardless of project type, including MDT, City or City-approved local entity/developer administered projects. Unless specified otherwise herein, or in accordance with project development and as documented by subsequent agreement (e.g. project agreement), the City agrees to fund any additional costs MDT may incur for MDT projects which impact any features the City places in the right-of-way.
GENERAL OBLIGATIONS OF THE CITY. A. The City shall, as outlined within this Agreement, provide the City Manager with staff, office equipment, supplies, automobile allowance, and all other facilities and services reasonably determined by the City Council to be necessary for the performance of the City Manager’s duties and within the City’s budget constraints.
B. The City Council recognizes that to meet the challenges facing the City they must exercise decisive policy leadership. As one step in carrying out this leadership responsibility, the City Council commits within the City’s budget constraints to spend time each year outside of regular City Council meetings to work with the City Manager and staff on setting goals and priorities for the City government, and to work on issues that may be inhibiting the maximal achievement of City goals.
C. The City Council agrees that any criticism of a City staff member shall be done privately through the City Manager.
GENERAL OBLIGATIONS OF THE CITY. 1. City agrees to conform in all regards to Mont. Code Xxx. Title 61, Chapter 8, and will not take any action, by enacting an ordinance or otherwise, in contradiction of the traffic laws in Mont. Code Xxx. Title 61, Chapter 8.
2. City will enforce the ordinances, laws and/or regulations necessary and essential for the operations of the ROUTES.
3. City agrees that no new permanent feature shall be permitted within the ROUTE roadway right- of-way without separate written agreement.
4. City agrees to service, maintain, repair, or cause to be maintained ROUTES and features within ROUTES to a standard which does not negatively impact the operation of the ROUTES or the safety of the traveling public. If City discovers or is made aware that all or part of the ROUTES become unsafe, City agrees to restrict access to the affected area until the condition has been remedied.
5. City must submit a quarterly invoice generally describing the maintenance services provided under this Agreement, plus a detailed invoice for any extra cost for labor, materials and equipment as allowed by this Agreement.
6. City agrees to perform maintenance on ROUTES (Appendix D) as described below:
a. TRAFFIC CONTROL DEVICES and TRAFFIC SIGNAL MAINTENANCE:
i. City will provide all maintenance necessary to operate the traffic control system. MDT will reimburse the City for materials. All costs for labor and equipment are included in Appendix B. For purposes of this Agreement, the traffic control system includes all items covered in the Manual on Uniform Traffic Control Devices, 2009 edition, with revisions thereto (MUTCD), set forth in Part II (excluding 2B-31 Urban Parking and Stopping Signs; 2D-39 Street Name Signs; 2D-4 Parking Area Signs; and 2D-41 Park and Ride Signs); Part III; Part IV; Part V; and Part VII. City shall notify MDT when replacement materials and parts are required. MDT shall have the option of choosing whether traffic control materials and parts will be provided by MDT, or if MDT will reimburse City on an actual cost basis.
ii. The City Engineer, or his/her designee, is authorized to modify traffic signal timing after approval is received from MDT Helena Headquarters, MDT Traffic Engineer, Missoula District Administrator, Missoula District Maintenance Chief, or their designee. The City Engineer, or his/her designee, may place traffic signals in the flash mode if it is deemed an emergency.
iii. City may perform streetlight and traffic signal maintenance services on other S...
GENERAL OBLIGATIONS OF THE CITY. 1. The City agrees to conform in all regards to Mont. Code Xxx. Title 61, Chapter 8, and will not take any action, by enacting an ordinance or otherwise, in contradiction of the traffic laws in Mont. Code Xxx. Title 61, Chapter 8.
2. The City will provide appropriate and timely input during the Project’s development.
3. The City will continue to enforce the ordinances, laws and/or regulations necessary and essential for the operations of the Project.
4. The City agrees no fixture, building, structure, or other permanent installation other than those approved by MDT shall be constructed or placed within MDT right-of-way without prior written approval from MDT.
5. The City agrees that any City-performed maintenance that occurs within MDT right- of-way must be reviewed and approved by the appropriate MDT District Maintenance Office prior to initiation of the maintenance.
GENERAL OBLIGATIONS OF THE CITY. 1. The City agrees that no fixture, building, structure, or other permanent installation will be constructed or placed within commission designated right-of-way without prior written approval from MDT.
2. The City agrees any maintenance within MDT right-of-way that requires lane closure or equipment must be reviewed and approved by MDT maintenance staff prior to initiation of the maintenance.
3. The City shall complete the necessary environmental processes for modification to the state highways and roadways and demonstrate that all, if any, environmental issues associated with the proposed project have been identified and mitigated. The City agrees it will prepare and file any required environmental documents and apply for and obtain any permits required by other governmental agencies at no expense to MDT prior to maintenance taking place within commission designated right-of-way.
4. The City agrees to be responsible for any and all damages to facilities within commission designated right-of- way caused by the City, the City’s staff or contractors, or resulting from the City’s operations. The City must repair any and all damages, at its sole expense, after notification of damage by MDT and approval of repair work needed, method of repair, and schedule for repair.
5. If the City fails to perform or cause to be performed, the maintenance obligations as required by this agreement within 60 days of written notification from MDT, MDT may complete the required maintenance and the City shall be required to compensate MDT for its performance of said maintenance.
6. MDT may complete any maintenance required due to a public emergency without prior notice to the City. The City agrees to be responsible for and to reimburse MDT for said maintenance, including Indirect Costs.
GENERAL OBLIGATIONS OF THE CITY. A. Rates and Pricing. CITY will not unreasonably disapprove rates and fees set by CORPORATION. CITY may, from time to time, review fees and charges to ensure reasonable competition and comparison with regional golf operations.
B. Roadway and Parking Lot Repairs. CITY will pay all expenditures needed to rebuild and repair, one time only, the roadway from Golf Course Road to the Clubhouse parking lot and repaint and restripe the complete parking lot area. The road will meet a Pavement Construction Index of at least 75 and be in good useable condition for a minimum of 12 years.
GENERAL OBLIGATIONS OF THE CITY. 1. The City will design, award and administer the construction contract to construct the Project.
2. The City will provide MDT opportunities to participate in the Project’s development, including invitation to the final inspection of the Project.
3. The City agrees to conform in all regards to Mont. Code Xxx. Title 61, Chapter 8, and will not take any action, by enacting an ordinance or otherwise, in contradiction of the traffic laws in Mont. Code Xxx. Title 61, Chapter 8.
4. The City will continue to enforce the ordinances, laws and/or regulations necessary and essential for the operations of the Project.
5. The City, at its sole expense, will maintain the City signs installed as part of this Project. For the purposes of this Agreement, “maintenance of signs”, is defined as: the inspection, cleaning, repair and replacement of signs damaged through weathering, vandalism, the wind, or other means.
6. The City, at its sole expense, must obtain and maintain all federal, state and local building permits or other permits of any type or nature required by a governing authority, except as noted in this Agreement.
7. The City agrees that it will assume full and complete responsibility for the Project including any right of way acquired for the Project and ownership and responsibility for any permits obtained for the Project.
GENERAL OBLIGATIONS OF THE CITY. 1. The City will design, award, and administer a construction contract to construct the Project.
2. The City will provide MDT opportunities to participate in the Project’s development, including invitation to the final inspection of the Project.
3. The City will maintain all roadway features for the on-system portion of the Project on Toole Street as outlined in the City-Maintained Urban Highway System Routes Citywide Memorandum of Agreement (Citywide MOA), incorporated herein by this reference, and the off-system portion of the Project on California Street.
4. The City agrees that any City-performed maintenance that occurs within MDT right- of-way must be reviewed and approved by the appropriate MDT District Maintenance Office prior to initiation of the maintenance.
5. The City will continue to enforce the ordinances, laws and/or regulations necessary and essential for the operations of the Project.
6. The City agrees no fixture, building, structure, or other permanent installation other than those approved by MDT shall be constructed or placed within MDT right-of-way without prior written approval from MDT.
7. The City is the issuing authority for all future encroachment and approach permits for the on-system portion of the Project on Toole Street and the off-system portion of the Project on California Street.
8. If the City does not fulfill any maintenance requirements stated herein, MDT may complete the required maintenance and seek compensation from the City. In doing so, MDT must first provide notice to the City allowing time to complete any such maintenance. If MDT performs such maintenance under this section, it must provide detailed invoices of such costs to the City.
9. For any maintenance requirements that are the obligation of the City, as stated herein, MDT may complete any maintenance required due to a public emergency and seek compensation from the City for any costs incurred. In doing so, MDT may first provide notice to the City, when possible, allowing time to complete any such maintenance. If MDT performs maintenance under this section, it must provide detailed invoices of such costs to the City.
