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HomeMy WebLinkAbout19- Modification 1 to Project Funding and Maintenance Agreement - Montana Department of Transportation - North 7th Avenue and Griffin Drive N 7T"AVE&GRIFFIN DRIVE-BOZ CONTROL NO.9312 PROJECT FUNDING AND MAINTENANCE AGREEMENT MODIFICATION #1 The City of Bozeman (City) and the State of Montana through its Department of Transportation (State) entered into the attached Project Funding and Maintenance Agreement on June 17, 2018 to develop and construct ADA compliant sidewalks in Bozeman along the east side of North 7th Avenue from the entrance to Midwest Welding and Machine (mid-block north of Griffin Drive) southward to just beyond Nickles Drive, and along the west side of North 7th Avenue between Mandeville Drive and Wheat Drive. This TA-funded project will be incorporated into UPN 9312 N 7th Ave & Griffin Drive-Boz (CMDP-TA 118-1(2)1 & CMDP-TA 118- 1(3)1), a project managed by the State. The State is requesting to limit the City's financial contribution toward the TA-funded portion of the project's Preliminary Engineering (PE) and Construction Engineering (CE) phases. The Construction (CN) portion will continue to be based on actual project costs as described below and in the original agreement. This change necessitates an amendment to the 2018 Project Funding and Maintenance Agreement. Accordingly, the parties agree to modify that Agreement as set forth below. After NOW, THEREFORE, ... will be modified to read: 8. The Parties understand that it is possible that the estimated cost of the Project may be exceeded once the Project has begun. For the PE and CE phases, the City agrees to pay the amounts as shown under City Funds in Table 1. For the construction (CN) phase,the State agrees to award the Project using TA funds provided the lowest responsive bid does not exceed the allowable overrun percentage listed in Table 2. The City agrees to pay the requisite 13.42% local matching share and associated indirect costs up to the allowable overrun percentage. The State will contact the City if the lowest responsive bid exceeds the allowable overrun percentage listed in Table 2 to determine a funding solution agreeable to both Parties. If both Parties agree to recommend awarding the contract, MDT will fund the overrun using TA funds and the City agrees to pay the additional 13.42% local matching funds and the associated indirect costs for the overruns for the CN phase. If both Parties don't agree to fund the overrun,the State will recommend the Commission not award the Project. The State will work with the City to identify scope changes to bring the Project into a fundable level and re-advertise for letting. If scope changes cannot be agreed to by both Parties,then the Project may either be re-advertised and both Parties agree to fully fund it in accordance with this agreement or the Project may be withdrawn and the City agrees to reimburse the State for all TA funds expended to date. The State's Project Manager will inform the City's point of contact beforehand, and as early as possible, of anything that appears will result in a cost increase, and will discuss the need for any N 7T"AVE&GRIFFIN DRIVE-BOZ CONTROL NO.9312 possible additional costs, alternative designs, or a reduction in the Project's scope with the City and will consider the City s comments and concerns for that additional cost or alteration in scope or design. None of this will prevent, delay, or excuse the City from paying for any additional costs deemed necessary by the State. TABLE 1 will be modified to read: TABLE 1 TRANSPORTATION ALTERNATIVESS PROJECT COST ESTIMATE UPN 9312 N 7T"AVE & GRIFFIN DRIVE-BOZ January 2019 Project Phases Total Project TA Funds City Funds Cost 86.58/0 13.42/ Preliminary Engineering $39,750 $34,416 $5,334 (PE) Construction Engineering $26,501 $22,945 $3,556 (CE) Construction(CN) $132,501 $114,719 1 $17,782 Total $198,752 $172,080 $26,672 Estimate includes 10.96%IDC. PE and CE amounts are capped. CN amounts are subject to change per the June 2018 Agreement. All other terms of the original agreement will remain in full force. N 7T"AVE&GRIFFIN DRIVE-BOZ CONTROL NO.9312 IN WITNESS WHEREOF, the Department's authorized representative has signed on behalf of the State of Montana, and the Mayor of the City of Bozeman has signed and affixed hereto the seal of the City. STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION BY "e/ 12019 Nt Department of Transportation APPROVED FOR LEGAL CONTENT ('QJQh6- � ,2 ! /t.//F MDT Legal Counsel APPROVED FOR CIVIL RIGHTS ALL Se�W—dAA111— �I lfo'! CITY OF BOZEMAN Mayor BY I, 1V1 GVDLA , Bozeman City Clerk, hereby certify that this agreement was regularly adopted by the City Council at a meeting held on the_�t 7day of avl , 20 , and that the Council authorized the Mayor to sign this agreement on behalf of the City. J'� O♦ •�� J [OFFICIAL SPA rJ,.9�t. ��g3 .•�, ��IN cots ..