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MEMORANDUM OF UNDERSTANDING SOUTH 5TH STREET, SOUTH 6TH STREET, ARTHUR AVENUE, AND MAURICE AVENUE IMPROVEMENT PROJECT by THE UNIVERSITY OF MONTANA CITY OF MISSOULA In recognition of the need to improve traffic flow, pedestrian access and safety near the entrance to The University of Montana, the undersigned parties, the City of Missoula (City) and The University of Montana (UM) agree that: 1. This Memorandum of Understanding (MOU) establishes the responsibilities for funding of materials and provision of labor and equipment to advance the Project through construction. 2. The Project consists of installing improvements to the street intersections and road alignment, construction of curb, gutter, sidewalk, paving, traffic signals and related appurtenances, at the intersection of Arthur Avenue/South 6th Street, Arthur Avenue/South 5th Street, and along Arthur Avenue from South 5th Street to the Madison Street Bridge. The Project also includes installing improvements to the street intersections and road alignment, construction of curb, gutter, sidewalk, paving, and related appurtenances, at the intersection of Maurice/South 6th Street, Maurice Avenue/South 5th Street, and along Maurice Avenue from South 5th Street to the Madison Street Bridge. General Considerations The undersigned parties agree that: 1. UM is responsible for paying for engineering services to complete the Montana Environmental Policy Act (MEPA) process, and the design of the project, and construction engineering and survey, and to obtain Montana Department of Transportation (MDT) and City approval of the design. 2. UM is responsible for petitioning the City of Missoula to finance the Project under its Special Improvement District (SID) authority for a 20-year assessment term to pay for construction of curb, gutter and sidewalk and related appurtenances including, but not limited to street paving materials, drainage structures, top soil, irrigation repairs, traffic signs, lane markings, traffic control, and portions of traffic signal installation costs. 3. City is responsible for facilitating the SID creation to finance the UM portion of Project costs, for contracting engineering services for MEPA compliance, design, construction engineering, surveying, and administration of the project, and contracting for construction of curb, gutter and sidewalk, and related appurtenances, and for coordination with MDT for traffic signal equipment procurement. 4. Once the SID is created all project costs will be financed through the SID. After the SID is created, if for any reason the construction project does not move forward, all project development costs incurred will be assessed to the SID. ---PAGE BREAK--- 5. City is providing all labor and equipment, except surveying and materials testing, for street paving and drainage improvements to construct the Project. 6. City is responsible for coordinating with MDT for the improvements to the traffic signal system. 7. Project construction is planned for 2010, or as soon as practical after MDT and MEPA approval. 8. The City and UM agree that prior to completion of Project design that a public meeting will be held to receive comments on the plans. Dated this day of 2009. City of Missoula Approved as to Form and Content John Engen, Mayor Jim Nugent, City Attorney Martha Rehbein, City Clerk University of Montana Approved for Legal Content George M. Dennison, President U of M Attorney