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HomeMy WebLinkAbout06-04-18 City Commission Packet Materials - C9. Agreement with CenturyLink for Bozeman to Bridger Mountain Trail MT 86 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Carolyn Poissant – Manager of Trails, Open Space and Parks Design and Development Mitch Overton – Director of Parks, Recreation and Cemetery SUBJECT: Authorize the City Manager to Sign the Reimbursable Utility Relocation Agreement with CenturyLink for the Bozeman to Bridger Mountain Trail MT 86 (Path to the M and Drinking Horse Mountain TOP Bond Project) MEETING DATE: June 4, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to Sign the Reimbursable Utility Relocation Agreement with CenturyLink for the Bozeman to Bridger Mountain Trail MT 86 (Attachment A) for the Bicycle and Pedestrian Pathway to the “M” and Drinking Horse Mountain Trails, Open Space, and Parks 2012 bond project. BACKGROUND: On October 28, 2013, Commission approved Resolution 4484, which authorized the allocation of $600,000 from Trails, Open Space and Parks (“TOP”) Bond funds for construction of a pathway to the “M” and Drinking Horse Mountain and authorized the City Manager to enter into a Grant Match Agreement with the U.S. Department of Transportation’s Federal Land Access Program for the amount of $527,406.” A total of $600,000 was allocated from the TOP bond in 2013. The required federal National Environmental Policy Act public input process and associated surveys, investigations, and public meetings were completed in order to develop a preliminary preferred path alignment concept in late 2015. Public access easements were negotiated over the span of the next several months. Ultimately, three of five easements were obtained and the full trail alignment was able to be finalized in late 2017. An additional $75,000 was allocated to the project from the TOP bond on February 6, 2017. Construction documents are currently under review by state and federal highway transportation department personnel. The Reimbursable Utility Relocation Agreement (“Attachment A”) is necessary for construction of the trail improvements within the State of Montana Department of Transportation right-of- way along Bridger Rive (MT 86). The cost of the relocation is approximately $38,509.79 (75% 201 of the total estimated cost of $51,346.39) and is covered within the existing allocation of TOP bond funding assigned to the Trail to the M project. The terms and conditions of the Agreement have been reviewed by the City Attorney and have been found to be acceptable. UNRESOLVED ISSUES: An encroachment permit application has been submitted to the State of Montana Department of Transportation, which will be reviewed in association with final design and engineering. ALTERNATIVES: Per Commission. FISCAL EFFECTS: There are no additional costs to the City beyond the existing TOP allocation. The City will responsible for day-to-day maintenance of the 2.2-mile trail and associated infrastructure. ATTACHMENTS: Attachment A – Reimbursable Utility Relocation Agreement with CenturyLink for the Bozeman to Bridger Mountain Trail MT 86 Report compiled on: May 14, 2018 202 ATTACHMENT A REIMBURSIBLE UTILITY RELOCATION AGREEMENT Bozeman to Bridger Mountains Trail Montana Project MT DOT 86(1) Adjustment and/or Relocation of Facilities THIS AGREEMENT, by and between the City of Bozeman, hereinafter called the Government, and CenturyLink, hereinafter called the "Company," is authorized by Title 23 CFR 645. WHEREAS, the Government has planned the construction or improvement of a pedestrian trail, from the intersection of Story Mill Road and MT 86 east along MT 86 to the “M” Trail parking lot. The entire project is within Gallatin County, Montana. WHEREAS, due to the construction or improvement of this project, it is necessary to relocate certain communication facilities belonging to the Company, as shown on the Company’s relocation plan, marked Exhibit A and by reference made a part of this agreement; and WHEREAS, it is deemed to be in the best public interest that the required relocation of said utility facilities shall be accomplished by the Company as owner of these facilities; and shall be performed under the terms of this agreement and in accordance with and governed by the provisions of the Code of Federal Regulations 23 CFR 645. Performance of Work NOW, THEREFORE, in consideration of the foregoing, IT IS MUTUALLY AGREED that: The Company shall perform or cause to be performed the work herein described, furnishing all materials and supplies necessary and incidental to the attached design (Exhibit A) of its facilities in accordance with the relocation plan attached hereto. Preliminary Engineering activities are to be performed by Company Forces. Construction work is to be performed by Company Forces. Material incorporated into the work is to be furnished by Company Forces. Costs The Company’s cost share shall be 25% of all costs incurred. The Government's cost share shall be 75% of all costs incurred, in accordance with the attached Company relocation estimate (Exhibit B). Scheduling The Company shall relocate all facilities prior to 11/1/2018. Page 1 of 2 203 ATTACHMENT A Authorization to Proceed The Company is authorized to commence relocation work upon execution of this agreement. The Company will afford the Government the opportunity of inspecting the work by furnishing notice of the date the work will start to the Government. Permits and Easements The Company shall make application to appropriate authorities to obtain all necessary permits or easements required to perform work herein described. IN WITNESS WHEREOF, the parties hereto have executed this Utility Project Agreement as of the date of signature of the Company. CENTURYLINK BY: TITLE: DATE: CITY OF BOZEMAN ATTEST BY: _____________________________ Andrea Surratt Robin Crough City Manager City Clerk DATE: ___________ APPROVED AS TO FORM BY: ___________________________________ Greg Sullivan City Attorney 204 Utility Relocation Agreement Exhibit A - MT DOT 86(1) - Bozeman To Bridger Mountains Trail ,:;: ·s: Q) ,0,.:..:.. ,:, eIO. ro u: I ,:;: 0 Fl` ::i c:: 4800 8 I- 4790 .2 z0 I 10 I I.4770 ig I :g 4760 0.. I 4740 4730 ( 1 .1.524 ·t 81 P£o 1N Cotvfuc.T 2 CFIB.LE.5 200 PA. c\. 100 P.:t BM15(C) 1 HBF o:oo) :l. HBf (;\£0) .1. HC f: 300 BM2C 4 BM55A 2. )\"JC. 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E CoOD> 4950 2 0 4940 4930 RJ :§ 4920 a. 4910 4900 4890 ! 4B90 i g r4u880., ...,3""3""91. _. _,,.-,f 5,953 4880 &<a --i 25 i .,: CUYO ,--- 1..•_o-- --"3'9,a:._5 _,., 1 ::::: 1605+00 161o+OO 1615+00 1620+00 1625+00 .Sht 4 z 208 Utility Relocation Agreement Exhibit B - MT DOT 86(1) - Bozeman to Bridger Mountains Trail Centurylink job N.100264 Actual # of Units Actual Total Cost of Units $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Estimated # of Units Estimated Total Cost of Unit 3 $ 433.29 250 $ 2,220.00 676 $ 7,476.56 100 $ 641.00 1820 $ 10,028.20 100 $ 179.00 1820 $ 6,952.40 3 $ 127.47 16 $ 244.48 4 $ 40.80 350 $ 7,966.00 2 $ 1,100.00 3 $ 1,920.00 1 $ 221.51 1 $ 221.51 2 $ 540.06 1500 $ 2,565.00 288 $ 3,000.96 UOM TOTAL UNIT COST Each 144.43 Per Foot 8.88 Per Foot 11.06 Per Foot 6.41 Per Foot 5.51 Per Foot 1.79 Per Foot 3.82 Each 42.49 Each 15.28 Each 10.20 Per Foot 22.76 Each 550.00 Each 640.00 Each 221.51 Each 221.51 Each 270.03 Per Pair 1.71 Per Fiber 10.42 SECTION RUS CODE DESCRIPTION BD BD6 Place proForm 12" pedestal BFC BFC300-22IE Place Buried Filled Copper Cable in Existing Duct BFC BFC300-22T Trench Buried Filled Copper Cable BFC BFC300-24IE Place Buried Filled Copper Cable in Existing Duct BFC BFC300-24OT Place Buried Filled Copper Cable in Open Trench BFO BFO144IE Place FOC in existing duct BFO BFO144T Trench Buried FOC BM BM2-1(5/8)(8) Install one 5/8 x 8' ground rod BM BM2C Bond new or existing cable in buried pedestal or splice closure BM BM55A Place buried splice locator BM BM60(4)PD Directional Bore and install 4" Plastic pipe in solid rock BM BM75(A) Dig and Backfill Small Splice Pit - 4' X 4' X 42" BM BM75(C) Dig and Backfill Large Splice Pit - 12' X 4' X 42" HBF HBF(100) Install Buried copper splice closure HBF HBF(200) Install Buried copper splice closure HBF HBF(300) Install Buried copper splice closure HC HC3E Splice cable Modular Splicing Existing Cable HO HO1(145-288) Fiber Fusion Splicing includes both sides of splice FEDERAL TAX ID: FEDERAL TAX ID: 840273800 CONTROL #: CONTROL #: DESIGNATION: DESIGNATION: Bozeman to Bridger Mtns Trail COMPANY: CENTURY LINK ADDRESS: P 1021 Chestnut, Helena Mt PROJECT: MT DOT 86(1) 209 Utility Relocation Agreement Exhibit B - MT DOT 86(1) - Bozeman to Bridger Mountains Trail Cost Share Percentage Engineering Cost Share Percentage Existing Pole/Footage on Private R/W 0.00 (a) Yearly Utility Engineering Percentage= 10.00% (d) Existing Pole/Footage on Public R/W 1.00 (b) States Percentage of Engineering Cost [(a)/(c)] X (d) = 0.00% Total Existing Facilities in Conflict 1.00 (c) Utility Percentage of Engineering Cost [(b)/(c)] X (d) = 10.00% States Cost Share Percentage [(b)X.75 + (a)]/(c) = 75.00% Utility Cost Share Percentage [(b) X .25]/ (c) = 25.00% Estimated Units Total $ 46,678.54 Final Units Total $ - State Percentage of Engineering Cost X Estimated Units Total = $0.00 State Percentage of Engineering Cost X Final Units Total = $0.00 Estimated State Cost Share (units) = $35,008.91 Final State Cost Share (units) = $0.00 Total Estimated State Cost = $35,008.91 Final State Cost = $0.00 Utility Percentage of Engineering Cost X Estimated Units Total = $4,667.85 Utility Percentage of Engineering Cost X Final Units Total = $0.00 Estimated Utility Cost Share (units) = $11,669.64 Final Utility Cost Share (units) = $0.00 Total Estimated Utility Cost = $16,337.49 Final Utility Cost = $0.00 Estimated Project Total $51,346.39 Final Project Total $0.00 "I certify that this claim is correct and just in all respects, and that payment or credit has not been received." Utility Signature Date Utility Signature Date 210