HomeMy WebLinkAbout19- Construction Agreement - Montana Department of Transporation (MDT) - Rouse Avenue Corridor Maintenance Construction Agreement
STPP 86-1(27)0
Rouse Ave.-Bozeman
UPN 4805000
This Agreement by and between City of Bozeman (City), a self-governing municipal
government acting pursuant to its Charter and the laws of the State of Montana, and the
Montana Department of Transportation (MDT, Department, or State), establishes the
responsibilities and duties of the parties in respect to project activities on a portion of
Rouse Avenue located within the City of Bozeman, Montana.
Whereas,the construction will be accomplished through Uniform Project Number
4805000, Federal-Aid Project Number STPP 86-1(27)0,titled Rouse Ave.-Bozeman
(Project) located on Rouse Avenue between 0.00 and 0.80; and,
Whereas, State and/or Federal Highway Administration (FHWA) funds will be used to pay
for the construction, the City and State must ensure that federal and state requirements are
met in fulfilling its obligations to the FHWA and for the project to remain eligible for state
and/or federal funding; and,
Whereas,the Project lies on the designated Urban Highway System under the jurisdiction
of the Montana Transportation Commission and MDT as per Mont. Code Ann. 60-2-110;
and,
Whereas,the State and City recognize the need to construct the Project, and are willing to
share in its costs in accordance with Article V, Funding; and,
Whereas,the City and MDT recognize the need to construct the Project and to duly execute
this Agreement in advance of construction phase programming; and,
Whereas,the City desires to have the Project constructed, the City deeming it to be a
valuable and beneficial consideration, and it will perform the functions, duties and
responsibilities as set forth in Agreement;
Now,therefore,the parties agree as follows:
ARTICLE I. GENERAL OBLIGATIONS OF MDT
1. MDT will design and award a Contract to construct the Project.
2. MDT will provide the City opportunities to participate in the Project's development,
including invitation to the final inspection of the project.
3. MDT will maintain the roadway surface, including pavement repair,pavement
preservation, and snowplowing, and will maintain all features, including signals (if
present) and non-decorative roadway lighting,within the roadway unless otherwise
noted herein.
MDT-ENG-011 V 1.2—Rev 03/Os/19 Page 1 of 12
4. 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.
S. For any maintenance requirements that are the obligation of the City, as stated
herein, upon notice to the City MDT may complete any maintenance required due to
a public emergency and, if the City was unable to complete the maintenance within
the time necessitated by the public emergency seek compensation from the City for
only the costs incurred in addressing the emergency maintenance. In doing so, MDT
must 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. If MDT completed the maintenance even
though the City indicated it would be willing to do so in a reasonable time, MDT may
not seek compensation from the City.
6. MDT is the issuing authority for all future encroachment and approach permits.
7. MDT agrees the City may by ordinance or resolution establish parking rules and
regulations, including installation of metered parking, temporary parking zones, or
may prohibit parking.
ARTICLE H. GENERAL OBLIGATIONS OF THE CITY
1. For its maintenance obligations,the City agrees to conform in all regards to Mont.
Code Ann. Title 61, Chapter 8, and, in relation to the Project,will not take any action,
by enacting an ordinance or otherwise, in contradiction of the traffic laws in Mont.
Code Ann. 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,wind, or other means.
S. 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.
6. 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.
MDT-ENG-011 V 1.2—Rev 03/05/19 Page 2 of 12
ARTICLE III.PROJECT-SPECIFIC PROVISIONS
1. Construction Storm Water General Permit
a. Upon completion of all physical work associated with construction activity,
the parties will inspect the temporary erosion and sediment control measures
and devices as part of MDT's final inspection with MDT's Contractor. MDT will
provide the City with the Storm Water Pollution Prevention Plan (SWPPP)
package for City review. Within ten (10) days of receiving the package, the
City will provide MDT with an itemized list of any outstanding records or
deficiencies associated with the SWPPP. Upon MDT's and the City's approval
of site conditions and Contractor records, MDT will provide the City a Permit
Transfer Notification (PTN) form. The City must return the signed PTN form
to MDT within ten (10) business days. MDT will forward the completed PTN
form and transfer fees to the Montana Department of Environmental Quality
(DEQ).
b. Once DEQ transfers the Construction Storm Water General Permit
Authorization,the City will inspect, maintain, and revise the Best Management
Practice devices (BMPs) in accordance with DEQ permit requirements until
final stabilization is met and permit coverage is terminated.
c. MDT agrees to pay annual fees associated with permit coverage until
termination.To assure payment,the City must forward invoices to the MDT's
Environmental Services Bureau for payment.
2. Small Municipal Separate Storm Sewer System (MS4) Permit
a. MDT concludes, and the City agrees,the project work is designed in
compliance with applicable Small MS4 Permit requirements.
b. The City agrees to operate,monitor and maintain storm water management
features in compliance with applicable MS4 requirements.
ARTICLE IV. PROJECT-SPECIFIC FEATURES
1. Sidewalks
a. Upon completion of the Project by the State and its Contractor,the City agrees
that it is responsible, at no cost to MDT,to service,maintain, repair, and pay
the cost of operating the sidewalk within the project limits, such that it does
not negatively impact the operation of the sidewalk or the safety of the
traveling public. If all or part of the Project becomes unsafe for use,the City
agrees to restrict access to the affected area until the condition has been
remedied.
b. For the purposes of this Agreement, "maintenance of a sidewalk" is defined as:
grinding or milling down displacements; surface patching; crack sealing;
sweeping; cleaning; washing; replacing portions of damaged sidewalk;
MDT-ENG-011 V 1.2-Rev 03/05/19 Page 3 of 12
removal of snow and ice; repair of chipped, fractured, or broken surface from
any cause,including but not limited to frost heaving,landscaping,tree roots, or
encroachments; removal of debris and other obstructions or impediments to
safe pedestrian travel; and any and all other normally accepted maintenance
practices.
2. Lighting
a. Upon completion of the Project by the State and its Contractor,the City agrees
that it is responsible, at no cost to MDT, to service, maintain,repair and pay
the costs of operating (including utility costs) the decorative and/or
pedestrian lighting installed as part of this Project.
b. For the purposes of this Agreement, "maintenance of street lighting", is
defined as: the inspection of the lighting system for operation, cleaning lamps,
lenses and reflectors, stocking of replacement parts,bulb replacement, and
repairs to and replacement of damaged fixtures.
c. Any major repair costs for lighting damage not recoverable from third parties
shall be the responsibility of the City.
d. If the cost of energy is raised by the utility company,the City,town or special
improvement district shall pay their proportionate share of the rate increase
3. Landscaping/Irrigation Equipment
a. Upon completion of the Project by the State and its Contractor,the City agrees
that it is responsible, at no cost to MDT,to service, maintain and repair the
landscaping and irrigation equipment installed as part of this project.
b. For the purposes of this Agreement, "maintenance of landscaping and
irrigation system," is defined as: mowing,watering, debris removal,weed
control, fertilizing,tree/shrub trimming including removal, replacement and
maintenance of sight triangles, the repair and replacement of fences, and
maintenance of all features in compliance with ADA/PROWAG. The irrigation
system shall be fully operational, free of leaks,with heads selected and
adjusted to reduce water waste.
c. If the City is not able to complete the maintenance on the landscaping and
irrigation system as per this Agreement,the improvements may become the
property of MDT,without reimbursement. If landscaping or irrigation become
MDT property, MDT will maintain the property as it sees fit and may remove
the landscaping and irrigation system without City approval. MDT may seek
compensation for the maintenance or removal of the landscaping and
irrigation system from the City.
MDT-ENG-011 V 1.2-Rev 03/05/19 Page 4 of 12
4. City Signage
a. Upon completion of the Project by the State and its Contractor,the City agrees
that it is responsible, at no cost to MDT,to maintain the City signs within the
Project.
b. For the purposes of this Agreement, "maintenance of signs," is defined as: the
inspection, cleaning, repair and replacement of signs damaged through
weathering,vandalism,wind, or other means.
S. Stormwater Treatment and Conveyance System
a. The City will maintain the stormwater treatment and conveyance system
where runoff from the City's stormwater system enters the system in an as
constructed condition and provide MDT with the sum of$23,100.00 for the
additional costs associated with upgrading the storm drain system. (See
attached memo,Attachment B)
6. Retaining Walls
a. The City will maintain the retaining wall from Station 18+20± right to Station
19+60± right and the retaining wall from Station 20+S0± right to Station
21+23± right in an as constructed condition.
ARTICLE V.FUNDING
1. The City will be billed in advance for its local additional funds in the amount of$23,100,
which includes indirect costs and the materials test rate.
2. The City is responsible for 100% of non-federal aid eligible costs and for the payback of
state and federal funds expended on non-federal aid eligible elements of the Project, if
required.
3. It is understood and agreed between the parties that Section 17-1-106, MCA, requires
any state agency that receives non-general funds,including MDT,to identify and
recover its indirect costs.These costs are in addition to the direct Project costs.
4. The City will be billed in advance for its local funds, including indirect costs and
materials test rate. The billing for the Project's construction (CN &CE phases)will be
sent no fewer than sixty (60) days prior to the Project's anticipated advertisement for
letting.
S. The City will submit payment to the State within thirty (30) days of billing. Payments to
this Project will be provided to the State in the form of a check to be credited to the
Project. The payment(s) should be sent to MDT's Administration Division at:
MDT-ENG-011 V 1.2-Rev 03/05/19 Page 5 of 12
Montana Department of Transportation
Attention: Collections
2701 Prospect Avenue
P.O. Box 201001
Helena, MT 59620-1001
6. MDT will not submit programming requests to FHWA for individual project phases until
the required local funds have been transferred to MDT. The Project will not advance
past the Preliminary Engineering(PE) phase until a funding package (CN & CE) for all
improvements, including contingencies and overruns, is in place to MDT's satisfaction.
7. If payment is not made by the City within the thirty (30) day period, interest on the
unpaid amount will accrue at the rate of 10%per year and continue to accrue until paid
in full.
8. MDT will not participate in any future funding Agreement with the City until full
payment,including any interest,is received from the City.
9. City agrees that, if the City terminates project development at any time, it will
reimburse MDT for all costs incurred by MDT up to the date of the stoppage, including
any required payback of Federal funds already expended on the Project.
10. If, after initial payment is made for the Project's construction (CN &CE phases),the bid
opening or award by the State is delayed or postponed by thirty(30) days or more or
canceled for any reason,the State agrees to refund the City initial payment within thirty
(30) days, upon the City written request.
11.The current Project cost estimate,including IDC, materials test rate, and inflation, is
shown in Table 1. This estimate will be updated, until Project closeout, at Project
milestones and/or as more refined estimates become available.Any such revisions will
be incorporated into this Agreement via Amendment, in accordance with the General
Terms and Conditions.
12.The State's Project Manager will inform the City point of contact as soon as possible of
anything that it appears will result in a cost increase and will discuss with the City the
need for any possible additional funds, alternative designs, and/or reduction of the
Project's scope and will consider the City comments and concerns about the additional
costs and/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 State.
13.The State agrees to award the Project using Federal, State, and City matching funds,
provided that the lowest responsive bid does not exceed the allowable overrun
percentage shown in Table 2.
14. If the lowest responsive bid exceeds the allowable overrun percentage, as listed in
Table 2, the State will contact the City to determine a funding solution agreeable to both
Parties.
MDT-ENG-011 V 1.2-Rev 03/05/19 Page 6 of 12
15.The Parties understand that it is possible that the estimated cost of the Project's
construction may be exceeded once the Project has begun.
Table 1 - Project Cost Estimate ncluding IDC and Inflation
State City City
Total Cost of Federal/State Matching Matching Additional
Project Phase Phase Funds Funds Funds Funds
Construction (CN) $1,403,106 $1,382,199 $0 $0 $20,907
Subtotal $1,403,106 $1,382,199 $0 $0 $20,907
IDC $147,186 $144,993 $0 $0 $2,193
Grand Total $1,550,292 $1,527,192 $0 $0 $23,100
The above costs are estimates and include inflation,current IDC,and materials test rate,which is included in
the CN phase.
Table 2 - MDT Guidelines for Awarding Construction Agreements
Used to determine allowable overrun cost participation based on construction bid award amount
LOWEST RESPONSIVE BID ALLOWABLE OVERRUN%
UNDER$50,000 30%
$50,000-$200,000 2S%
$200,000-$500,000 20%
$S00,000-$2,000,000 1S%
OVER$2,000,000 10%
ARTICLE VI. GENERAL TERMS AND CONDITIONS
1. Term -The term of this Agreement shall be ten (10) years.After the initial ten (10) year
term,this Agreement will renew automatically, for successive one (1) year terms,
unless superseded by a new Agreement between the parties.
2. Termination-This Agreement may be terminated by MDT if the City violates or
breaches any term, condition, or article of this Agreement and the City has failed to
correct(or reasonably initiate correction) within 60 days of receiving notice in writing
addressed to the City's representative, of such violation or breach of any term,
condition, or article of this Agreement. If this Agreement is terminated,the
improvements become the property of MDT,without reimbursement. MDT will
maintain the property as it sees fit and may remove the improvements without City or
landowner approval. MDT may seek compensation for maintenance or removal of the
improvements from the City.
3. Other Agreements - Other Agreements pertaining to the project area remain in full
force and effect. In the case of a conflict between this Agreement and a previously
executed Agreement,the terms of this Agreement apply.
MDT-ENG-011 V 1.2-Rev 03/05/19 Page 7 of 12
4. Hold Harmless &Indemnification
a. The City agrees to protect, defend, indemnify, and hold MDT, its elected and
appointed officials, agents, and employees,while acting within their duties as
such, harmless from and against all claims,liabilities, demands, causes of action,
and judgments (including the cost of defense and reasonable attorney fees)
arising in favor of or asserted by the City's employees or third parties on account
of personal or bodily injury, death or damage to property, arising out of the acts
or omissions of the City, its agents, or sub-contractors, under this Agreement,
except the negligence of MDT.
b. The State and Department of Transportation agrees to protect, defend,
indemnify, and hold the City,its elected and appointed officials, agents, and
employees,while acting within their duties as such, harmless from and against
all claims, liabilities, demands, causes of action, and judgments (including the
cost of defense and reasonable attorney fees) arising in favor of or asserted by
the MDT's employees or third parties on account of personal or bodily injury,
death or damage to property, arising out of the acts or omissions of MDT, its
agents, or sub-contractors, under this Agreement, except the negligence of the
City.
S. Insurance
a. General Requirements: Each party shall maintain for the duration of this
Agreement, at its own cost and expense,insurance against claims for injuries to
persons or damages to property that may arise from or in connection with the
performance of the duties and obligations in this Agreement by each party, its
agents, employees, representatives, assigns, or sub-contractors. This insurance
shall cover such claims as may be caused by any negligent act or omission.
b. General Liability Insurance: Each party shall purchase and maintain occurrence
coverage with combined single limits for bodily injury, personal injury, and
property damage of$1 million per occurrence and$2 million aggregate per year
to cover such claims as may be caused by or arising out of any negligent acts or
omissions in work or services performed under this Agreement, or as
established by statutory tort limits as provided by a public entity self-insurance
program either individually or on a pool basis as provided by Mont. Code Ann.
Title 2, Chapter 9.
c. General Provisions:All insurance coverage must be with a carrier licensed to do
business in the State of Montana or by a public entity self-insured program
either individually or on a pool basis. Each party must notify the other
immediately of any material change in insurance coverage, such as changes in
limits, coverage, change in status of policy, etc. Each party reserves the right to
request complete copies of the other party's insurance policy or self-insured
memorandum of coverage at any time.
d. Workers' Compensation Insurance: The City must maintain workers'
compensation insurance and require its contractors and its contractor's sub-
MDT-ENG-011 V 1.2-Rev 03/05/19 Page 8 of 12
contractors to carry their own workers compensation coverage while
performing work within MDT right-of-way in accordance with Mont. Code Ann.
§§39-71-401 and 39-71-405. Neither the contractor nor its employees are
employees of MDT. This insurance/exemption must be valid for the entire
Agreement period.
6. Public Safety
It is agreed,if any repairs to the elements of the Project must be performed to address
or prevent a public hazard,the City will immediately protect the area from public
access, contact the appropriate MDT District Maintenance Office, and make reasonable
and timely effort to correct or repair the hazard.
7. Invoicing and Indirect Cost(IDC)
a. If MDT incurs any costs resulting from this Agreement, MDT shall be entitled to
be compensated for such costs by the City and the City shall pay the same within
thirty (30) days of its receipt of such invoices.
Mont. Code Ann. §17-1-106, requires any state agency, including MDT,which
receives non-general funds to identify and recover its indirect costs (IDC). These
costs are in addition to direct project costs. MDT's IDC rate is determined
annually as a percentage of the project's direct costs to cover the project's share
of MDT's IDC as defined by 2 CFR Part 200,Appendix VII. MDT's current IDC
rate is 10.49% for fiscal year 2019 (July 1, 2018 to June 30, 2019). If the work
occurs or extends into fiscal year 2020 or beyond the IDC rate will be charged at
the rate agreed to by MDT and the Federal Highway Administration (FHWA).
i. Invoice will be sent to:
City of Bozeman
Attn: Marcy Yeyka)
P.O. Box 1230
Bozeman, MT 59771
myeykal@bozeman.net
Phone:406.582.2340
ii. Payments shall be made to:
Montana Department of Transportation
Attention: Collections
2701 Prospect Avenue
PO Box 201001
Helena, MT 59620-1001
8. Choice of Law and Venue -This Agreement shall be governed by the laws of Montana.
The parties agree that any litigation concerning this Agreement must be brought in the
First Judicial District Court,in and for the County of Lewis and Clark, State of Montana,
and each party shall pay its own costs and attorney fees except as otherwise noted in
this agreement. In case of conflict between the terms and conditions of this Agreement
and the laws of the State of Montana,the laws of the State of Montana shall control.
MDT-ENG-011 V 1.2-Rev 03/05/19 Page 9 of 12
9. Binding Effect-- The benefits and obligations set forth in this Agreement shall be
binding upon, and inure to the benefit of, their respective successors, administrators
and assigns of the Parties.
10. Relationship of Parties -- Nothing contained in this Agreement shall be deemed or
construed (either by the parties hereto or by any third party) to create the relationship
of principal and agent or create any partnership joint venture or other association
between the Parties.
11. Non-Discrimination -The City will require that during the performance of any work
arising out of this Agreement the City, for itself,assignees, and successors shall comply
with all applicable non-discrimination regulation set forth in Attachment"A" attached
hereto and made part of this Agreement.
12.ADA- MDT requires that any construction resulting from this Agreement must include
appropriate pedestrian facilities that meet or exceed current MDT standards for
accessibility as set forth by the United States Department of Justice 2010 ADA
Standards for Accessibility Design, United States Access Board Proposed Guidelines for
Pedestrian Facilities in the Public Right-of-Way (2011 PROWAG), and MDT's detailed
drawings, 608 series.
13.Audit-The City grants to the Legislative Auditor and the Legislative Fiscal Analysts the
right,without prior notice and during normal business hours,to audit, at their own
costs and expense, all records, reports, and other documents,the City maintains in
connection with this Agreement.
14.Utilities --This Agreement is subject to the right of any private or public utility entity
now lawfully occupying the right-of-way to continue to operate and maintain utility
facilities thereupon. Copies of existing utility permits may be obtained from the MDT
District Utility Agent.
1S.Amendment and Modification --This Agreement may be modified or amended only by
written Addendum signed by the parties. In addition to the terms and conditions
contained herein,the provisions of any Addendum may be incorporated and made a
part hereof by this reference in the terms of the amendment so provided. In the event
of any conflict between the terms and conditions hereof and the provisions of any
Addendum,the provision of the Addendum shall control,unless the provisions thereof
are prohibited by law.
16. Representatives
a. City's Representatives: The City's Representative for this Agreement shall be the
City Engineer or designee or such other individual as City shall designate in
writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or
submission shall be directed to the City's Representative and approvals or
authorizations shall be issued only by such Representative; provided, however,
that in exigent circumstances when City's Representative is not available, MDT
may direct its communication or submission to other designated City personnel
or agents.
MDT-ENG-011 V 1.2—Rev 03/05/19 Page 10 of 12
b. MDT's Representative: The MDT Representative for this Agreement shall be the
District Administrator or Maintenance Chief or such other individual as MDT
shall designate in writing. Whenever direction to or communication with MDT is
required by this Agreement, such direction or communication shall be directed
to MDT's Representative; provided, however,that in exigent circumstances
when MDT's Representative is not available, City may direct its direction or
communication or submission to other designated MDT personnel or agents.
Counterpart Execution -This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original but all of which together shall constitute one
and the same Agreement. The counterparts of this Agreement may be executed and
delivered by facsimile or other electronic signature by any of the parties to any other
party and the receiving party may rely on the receipt of such document so executed and
delivered by facsimile or other electronic means as if the original had been received.
MDT-ENG-011 V 1.2-Rev 03/05/19 Page 11 of 12
IN WITNESS WHEREOF, MDT's authorized representative has hereunto signed on behalf of
the State of Montana,and the City's authorized representative on behalf of the City, has
signed and affixed hereto the seal of the City.
STATE OF MONTANA, DE�PARTMENT OF TRANSPORTATION
By e DE � /5'
M.Qfkana Department of Transportation Date
Approved for Legal Content
Approved for Civil Rights
CITY OF
Name Prnc,(ke.) vr--N—
Title CAT*- �j[,►�
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Name aJo(,, Ct,(,
Title C,t; cl,etk— • * : s s. �;
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MDT-ENG-011 V 1.2-Rev 03/05/19 Page 12 of 12
ATTACHMENT A: MDT
NONDISCRIMINATION AND
DISABILITY ACCOMMODATION
NOTICE
Rev. 01/2019
MDT NONDISCRIMINATION
AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation ("MDT") is committed to conducting all of its business in an
environment free from discrimination, harassment, and retaliation. In accordance with State and
Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter
"protected classes") by its employees or anyone with whom MDT does business:
Federal protected classes State protected classes
Race, color, national origin, Race, color, national origin, parental/marital
sex, sexual orientation, gender identity, status, pregnancy, childbirth, or medical
age, disability, & Limited English Proficiency conditions related to pregnancy or childbirth,
religion/creed, social origin or condition,
genetic information, sex, sexual orientation,
gender identification or expression, national
origin, ancestry, age, disability mental or
physical, political or religious affiliations or
ideas, military service or veteran status
For the duration of this contract/agreement,the PARTY agrees as follows:
(1) Compliance with Regulations:The PARTY (hereinafter includes consultant) will comply with all
Acts and Regulations of the United States and the State of Montana relative to Non-
Discrimination in Federally and State-assisted programs of the U.S. Department of
Transportation and the State of Montana, as they may be amended from time to time, which are
herein incorporated by reference and made a part of this contract.
(2) Non-discrimination:
a. The PARTY, with regard to the work performed by it during the contract, will not
discriminate, directly or indirectly, on the grounds of any of the protected classes in the
selection and retention of subcontractors, including procurements of materials and
leases of equipment, employment, and all other activities being performed under this
contract/agreement.
b. PARTY will provide notice to its employees and the members of the public that it serves
that will include the following:
i. Statement that PARTY does not discriminate on the grounds of anyprotected
classes.
ii. Statement that PARTY will provide employees and members of the public that it
serves with reasonable accommodations for any known disability, upon request,
pursuant to the Americans with Disabilities Act as Amended (ADA).
iii. Contact information for PARTY's representative tasked with handling non-
discrimination complaints and providing reasonable accommodations under the
ADA.
Page 1 of 4
Rev. 01/2019
iv. Information on how to request information in alternative accessible formats.
c. In accordance with Mont. Code Ann. § 49-3-207, PARTY will include a provision, in all of
its hiring/subcontracting notices,that all hiring/subcontracting will be on the basis of
merit and qualifications and that PARTY does not discriminate on the grounds of any
protected class.
(3) Participation by Disadvantaged Business Enterprises(DBEs):
a. If the PARTY receives federal financial assistance as part of this contract/agreement,the
PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its
subcontracting services. The list of all currently certified DBE firms is located on the MDT
website at mdt.mt.gov/business/contracting/civil/dbe.shtmi
b. By signing this agreement,the PARTY assures that:
The contractor, sub recipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR part 26 in the award and
administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination
of this contract or such other remedy as the recipient deems appropriate.
c. PARTY must include the above assurance in each contract/agreement the PARTY enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be
performed under a subcontract, including procurements of materials, or leases of equipment,
each potential subcontractor or supplier will be notified by the PARTY of the PARTY'sobligation
under this contract/agreement and all Acts and Regulations of the United States and the State of
Montana related to Non-Discrimination.
(5) Information and Reports:The PARTY will provide all information and reports required by the
Acts, Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information and its facilities as may be determined by MDT or
relevant US DOT Administration to be pertinent to ascertain compliance with such Acts,
Regulations, and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish the information, the PARTY will so certify to
MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
(6) Sanctions for Noncompliance: In the event of a PARTY's noncompliance with the Non- discrimination
provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT
Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the PARTY
complies; and/or
b. Cancelling,terminating, or suspending the contract/agreement, in whole or in part.
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` Rev. 01/2019
(7) Pertinent Non-Discrimination Authorities:
During the performance of this contract/agreement, the PARTY, for itself, its assignees, and
successor in interest, agrees to comply with the following non-discrimination statues and
authorities; including but not limited to:
Federal
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
- Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis
of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
- Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, orsex);
- The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975,and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of theterms
"programs or activities"to include all of the programs or activities of the Federal-aid recipients,
sub-recipients, and contractors, whether such programs or activities are Federally funded or
not);
- Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis
of disability in the operation of public entities, public and private transportation systems,places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
- The Federal Aviation Administration's Non-Discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which prevents discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
Page 3 of 4
Rev. 01/2019
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English Proficiency (LEP). To ensure compliance with TitleVl,
you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
- Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. § 1681 etseq.).
Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of
gender identity and in hiring by federal contractors on the basis of both sexual orientation and
gender identity.
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through
seven in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The
PARTY will take action with respect to any subcontract or procurement as MDT or the relevant
US DOT Administration may direct as a means of enforcing such provisions including sanctions
for noncompliance. Provided,that if the PARTY becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction,the PARTY may request MDT
to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request
the United States to enter into the litigation to protect the interests of the UnitedStates.
Page 4 of 4
ATTACHMENT B: STORM DRAIN COST
SHARE CALCULATION MEMO
D 0 W L
TO: Blair Nordhagen, MDT; Dave Hedstrom, MDT; and J.R. Taylor, MDT
FROM: Jeff Olsson, P.E. and Cody Salo, P.E.
DATE: September 28, 2018
SUBJECT: Rouse Ave - Bozeman
Storm Drain Cost-Share Calculation
STPP 86-1(30)0 & STPP 86-1(41)1
UPN 4805
The purpose of this memorandum is to assist the Montana Department of Transportation (MDT)
and the City of Bozeman (COB) in the development of an agreement covering the construction,
ownership, and future maintenance of the storm drainage facilities to be constructed as part of
the Rouse Avenue Reconstruction project. This memorandum documents estimated construction
costs associated with the storm drain facilities and the anticipated maintenance costs associated
with the system.
CONSTRUCTION COSTS
Currently, the design for the project includes the use of several existing COB storm drain outfall
locations, requiring modifications to the existing COB drain system to accommodate the runoff
from the Rouse Avenue project corridor. In general, the use of existing permitted outfall locations
is preferred, where possible, over the creation of new outfall locations. In some cases, the Rouse
Avenue storm drain system must also be of sufficient capacity to accommodate inflow from
significant contributing drainage areas outside of the immediate roadway vicinity, resulting in an
increase in construction costs to the project over that which would otherwise be required (e.g.
Outfall 1 and Outfall 3 storm drains). In other cases (e.g. Outfall 4 storm drain), the use of these
existing systems provides a cost savings to the project, such as through a reduction in the total
length of new storm drain pipe required.
For the purpose of evaluating the net impact to the project resulting from the use of, and
modifications to, the existing COB storm drainage system, a comparison is provided between the
currently proposed storm drain system (the "as-designed" system) and that which would be
required if the Rouse Avenue storm drain system was designed as a stand-alone system. In other
words, the stand-alone system would not connect into existing COB storm drain infrastructure or
carry flows from off-site contributing drainage areas. The estimated construction costs are shown
in Table 1. Storm drain infrastructure does not currently exist within Outfalls 6, 7, or 8. Therefore,
Table 1 only considers Outfalls 1 through 5, all of which fall within the Main Street to Oak Street
portion of the project. More detailed as-designed and stand-alone system cost estimates are
attached to this memorandum.
406-442-0370 L; 800-865-9847(fax) 1_, 1300 Cedar Street a Helena, Montana 59601 Li www,dowl.com
MEMORANDUM
Table 1
Estimated Storm Drain Cost' Added Cost to
Outfall — project due to
Number Stand-Alone significant off-site
As-Designed System storm drain
contributions
1 $512,700 $406,400 $106,300
2 $1,700 $1,700 $0
3 $218,900 $212,700 $6,200
4 $290,200 $371,100 $80,900
5 $379,600 $388,100 $8,500
$23,100
1. Construction costs are estimated using recent, local MDT
average bid prices, where available, and manufacturer's quotes
for specialty items, such as water quality treatment structures.
2. A negative cost, shown by parenthesis, indicates a cost
savings to the project due to the presence of the existing storm
drain systems.
In general, the difference in construction costs shown in Table 1 between the as-designed system
and the stand-alone system can primarily be attributed to the following factors:
• Outfall 1: The added cost is due primarily to an increase in the storm drain trunk line pipe
size from roughly 24-inches under the stand-alone system to 42=inches as designed. The
existing trunk line is deteriorated and failing and will be replaced with this project. There
is, however, a partially offsetting cost savings associated with the fact that Outfall 1 as-
designed system does not include a treatment manhole, whereas in the stand-alone
scenario a treatment manhole would be required. No treatment is included in the as-
designed system as treatment of flows of this magnitude, and at this location, is not
practical using the mechanical treatment devices and treatment criteria proposed for the
project (a more practical treatment strategy would include treatment of each lateral
connector line instead of treatment within the trunk line near the outfall). Forgoing
treatment in the as-designed system results in a cost savings to the project that partially
offsets the cost of upsizing the Outfall 1 storm drain trunk line.
• Outfall 2: The as-designed cost is for removal of existing facilities only (this outfall is
combined with Outfall 3). The existing facilities would also be removed with the stand-
alone system, so there is no difference between the cost of the as-designed system and
that of the stand-alone system.
• Outfall 3:The as-designed system is slightly more expensive than the stand-alone system.
Although the as-designed system includes larger pipe, the added cost of the pipe is almost
entirely offset due to a reduction in the total length of storm drain needed (reduction in
length of 88 feet between MH-305 and MH-307 where the existing system will be used as-
is). Other differences between the two scenarios include differing lengths of pipe removal
and, more significantly, the need for a larger, more expensive 120-inch manhole for the
as-designed system. This manhole is needed to realize the savings associated with
utilizing the existing storm drain pipe; however, the as-designed system is still slightly
more expensive than the stand-alone system.
Page 2 of 3
MEMORANDUM-
® Outfall 4: As was the case for the Outfall 3 system, in the stand-alone scenario the project
would result in the installation of more, but smaller diameter pipe. Unlike Outfall 3, where
the outfall pipe needed to be increased in size to accommodate the added flow to the
existing system, the City's Outfall 4 system,from the tie-in point to the Tamarack St. outfall,
has sufficient capacity to carry the added flows without upsizing or replacement.
Therefore, the presence of the City system in the vicinity of Tamarack Street results in a
significant cost savings to MDT by reducing the total length of storm drain pipe by
approximately 660 ft.
® Outfall 5: There is a slight savings to the project that results from the reuse of the two
existing storm drain inlets in the vicinity of Oak Street. Therefore, the as-designed system
is slightly less expensive than the stand-alone system.
The total added construction cost to the project resulting from the use of, and
modifications to, the existing COB storm drain system is estimated to be approximately
$23,100.
MAINTENANCE COSTS
In addition to construction costs, the proposed design includes the installation of numerous new
catch basins and several water quality treatment structures. Both of these types of structures will
require regular, routine maintenance consisting primarily of removing sediments (and oil in the
case of the water quality structures) using a vac-truck. Maintenance for catch basins is anticipated
to include the removal of sediments which accumulate in the catch basin sump. Currently,
approximately 40 new catch basins (excluding combination manhole/inlets which do not have
sumps) and six new water quality treatment structures are proposed. The proposed structures
are vortex-style oil/water separator structures which separate both sediments and free-floatable
oils from the storm drainage runoff. Maintenance for these structures will be similar to that required
for catch basins, but with a larger volume of water and sediment needing to be removed to"empty"
the structure of captured sediments and oils.
The maintenance interval of the catch basins and water quality structures is dependent on the
pollutant loads. Maintenance is assumed to include vac-truck service once or twice per year. The
maintenance cost of these facilities is estimated based on a 2-person operated vac-truck crew
rate of $300/hr., an assumed average time to clean a catch basin of 10 minutes (includes travel
between inlets), an average time to clean a treatment structure of 1 hr., and a required frequency
of maintenance of twice per year. The annual maintenance requirements associated with the
40 new catch basins and 6 water quality treatment structures is estimated to be 30 hours
per year, or approximately $7,600/year. Additionally, there would likely be maintenance
associated with the ditches that are used for treatment; however, since the maintenance of these
ditches is likely less frequent than that required for the catch basins and treatment structures,
these additional maintenance needs have not been considered in the development of annual
maintenance costs.
Page 3 of 3
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