7. Lawrence Park Wetland Mitigation ProjectIncorporated 1892
telephone (406) 758-7700
FAX (406) 758-7758
Post Office Box 1997
Kalispell, Montana
Zip 59903-1997
TO: Bruce Williams,
City Manager
FROM: Michael Baker,
Parks & Recr ctor
DATE: February 7, 1996
RE: Lawrence Park Wetland Mitigation
Bruce,
I received a favorable, draft proposal from MDT
concerning the Wetland Mitigation Project for Lawrence
Park.
In our prior discussions I felt it important to
include a clause that allows us to withdraw our grant
request if the construction bids are excessive (above
MDT's $50,000.00, or beyond the City of Kalispell's
financial scope). I feel it is prudent for the State to
do on -site inspections assessing the wetland suitability
of the site, along with space availability for on -site
placement of fill material. Some preliminary
determinations have been completed by MDT's consultant,
Carter Burgess, however, site acceptability will be a
factor in the success of this project.
I spoke with Bob Babb and his Department. He has
committed his Department to the City's obligation of
construction administration and site inspection upon your
approval.
I will be away from the office for a few days,
returning January 31, at which time we can discuss
further and/or present to council at workshop, if you
desire.
MB/dlw
Enclosure - January 22 MDT correspondence
Douglas Rauthe
Mayor
Bruce Williams
City Manager
City Council
Members:
Gary W. Nystul
Ward I
Cliff Collins
Ward I
Norbert F. Donahue
Ward II
Dale Haarr
Ward 11
Jim Atkinson
Ward III
Lauren Granmo
Ward III
Pamela B. Kennedy
Ward IV
M. Duane Larson
Ward IV
Nlonrana Department
:)i Fransoortation
January 22, 1996
Michael Baker, C.L.P.
Director Parks & Recreation
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903-1997
Subject: Wetland Mitigation Project
City of Kalispell Lawrence Park
Enclosed is a draft agreement between the City
and the Montana Department of Transportation to
wetlands site within the City's Lawrence Park.
arc L�acxc,-,)-,emor
of Kalispell
construct a
MDT is proposing to provide funding allowing the City to
commit to the contract and construction administration for
approximately two acres of wetland mitigation credit to be
applied to segments of the upcoming Somers - Whitefish US
Highway 93 corridor.
Please review the draft agreement and provide comments as
soon as possible. MDT is ready to prepare a final plans,
specifications and estimate package for the City's use in
advertising for contractor bids.
Please contact Gordon Stockstad at (406)444-7223, if you
have any questions regarding this agreement or project.
�toel M. Marshik, Manager
Environmental Services
JMM:GJS:env
Enclosure
cc w/attch:
James T. Weaver, P.E., District Engineer -Missoula
Larry F. Brazda, P.E., Area Construction Engineer -Kalispell
Carl S. Peil, P.E., Preconstruction Engineer
Dale Paulson, P.E., FHWA Environmental Coordinator
Michael F. Worrall, P.E., Carter & Burgess -Missoula
4:0 .4ual OoDorruNty Errplover
02/07/96
09:34
406 444 7245
P. 002
.
ROUGH 'DRAFT
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PAGE 1
PROaNCT DEVELOPMENT AN! CONSTRUCTION AGREMUM
BETWEEN M014TANA DEPAR%NMNT OF TRANSPORTATION
AND TEN CITY OF
FOR THE
DZSXGN AND CONSTRUCTION OF TEX�
LAWRENCE PARK WNTLAND MITIGATION
This Agreement is entered into this day of
1996, by and between the State of Montana
Department of Transportation, from now on called the
"State", and the City of Kalispell, a Montana municipal
corporation, from now on called the %City.n
WHEREAS the State is interested in constructing wetland
sites to obtain wetland mitigation credits; and;
WHEREAS the City is interested in incorporating a
wetland site within their Lawrence Park master development
plan; and,
WHEREAS it is to the advantage of both the State and
City to coordinate: their efforts in furthering these
interests without duplication of effort; and,
WHEREAS the City has expressed a desire to have the
State design and provide funding for the construction of 'a
wetland project at Lawrence Park, and for the City to
implement construction for this project; and,
THEREFORE, both parties, the State and the City, enter
into this Agreement to design and construct the Lawrence
Park wetland project as stipulated by the terms below:
RROs7ECT D,SCRI121ION
The site for this wetland construction project is
located in Lawrence Park in Kalispell adjacent to the
Stillwater River. The project will consist of excavating/
grading the ground in the adjacent area as necessary to
establish wetland conditions and provide suitable wetlands
seeding/vegetation to both increase the total wetland
acreage in the park and to provide wetland mitigation credit
for the State. It is anticipated that approximately 2 acres
of wetland will be obtained.
ES ONST ILITIES Off' .THE =IES
The State will prepare the design complete the plans
and specifications for the project, and provide these to the
City.
The City will construct wetlands in accordance with the
State's plans and specifications.
The State will contribute toward the costs of
constructing this project as noted below under the 2zDj& t
Fins11 ing Section below.
1i FRQgECT Q L0PMENT = CONS2B =ION: The City will
provide all services necessary for the construction of
the project. All changes in the State's plans and
02/07/96 09:35 406 444 7245
s Ii
PAGE 2
specifications will be doordinated with the State prior
to construction.
2 )
T.K'r2PSQJ ON: Although the City will be responsible for
construction inspection, the State and FHTiWA will have
the right to inspect the project during construction.
The City will notify the State prior to the start of
work as to when construction on the project will start.
3)
EIU L INePECJIQ : The City will schedule a final
inspection in company with the State and the Federal
Highway Administration as soon after completion of the
work as practicable. The purpose of this inspection is
to accept the project for final payment.
4)
QU .TION: The City agrees to complete the project in
accordance with the approved plans and specifications
prior to July 1, 1997.
5)
PAMWE CLAIMS: The City will save the State harmless
from any claims made against it for damage from and
arising out of the construction of this project from
any causes whatsoever.
6)
ME=-. In the event of litigation arising out of this
agreement, venue shall be in the First Judicial
District in and for the County of Lewis and Clark,
Montana.
7}
MA.IN'I'3NANCE: The City will maintain the project site
following its completion. Once the Corps of Engineers
has accepted the site as an approved wetland mitigation
site, the City will, be responsible for all maintenance
for the constructed site and will enforce the
regulations necessary to comply with the wetland
regulations including any maintenance necessary to
perpetuate the wetland characteristics of the site.
83
PR019CI, P NANCING: The State agrees to pay the City
actual costs not to exceed $50,000 as total
compensation for construction and engineering costs in
one lump sum upon Completion of the project and
acceptance by the State.
The City will submit to the State properly documented
.invoices detailing the costs incurred in the
construction of the project. The State will reimburse
the City within 30 days of receipt of the invoice.
1CUION
WERMINATIMI
AND N021
During the course of this project, it is possible that
there will be changes in the scope of services required. if
so,
the State and City may modify or terminate this
Agreement by mutual agreement.
This contract shall not be subject to binding
arbitration:.
02/07/96 09:35 406 444 7245 P. 004
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Both parties will designate an individual to act as a
liaison point for the project coordination.
1) Staj;e Con Xaat R p-"gentaGi ve (a)
The primary representative for the State will be:
Gordon Stockstad
MDT Environmental Services
2701 Prospect Avenue
Helena, MT 59620
The State contact person for construction issues will
be:
Larry F. Brazda, P.E.
Area Construction Engineer -Kalispell.
85 Fifth Avenue EN
Box 7308
Kalispell, MT 59904-0308
2) Qit34--ContxArt RepreamtaLimr.
The representative for the City will be:
(Name)
(Title)
(Street Address)
Kalispell, MT (Zip Code)
CITY OF KALISPELL
By:
Title:
ATTEST:
Title:
JEWB:Q:CD:I51.gg
MONTANA DEPARTMENT
OF TRANSPORTATION
By:
Title:
ATTEST:
Title:
Reviewed for Legal Content
02/07/96 09 :34 406 444 7245 P. 001
TRANSPORTATION
Environmental Services
2701 Prospect Avenue
Helena, MT 59620-1001
Phone (406) 444,7228
FAX (406) 444-7245
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FAX# (`406� 7158
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