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HomeMy WebLinkAbout96- MSU Parking and Community Transit Study . . ) . ; " Memorandum of Agreement Montana State University Parking and Community Transit Study The undersigned parties, the City of Bozeman (the City), and the Montana State University Department of Civil Engineering (Civil Engineering) do hereby agree and acknowledge that: 1. The purpose of this Memorandum of Agreement is to implement the Grant Agreement entered into between the City of Bozeman and the Montana State Department of Natural Resources and Conservation (DNRC) finalized on June 12, 1995, shown here as Attachment A and incorporated by reference herein. 2. The effective dates of this Agreement will run concurrent with the dates identified in the DNRC Grant Agreement. 3. The scope of work for this Agreement will follow the tasks outlined in the DNRC Grant Agreement. 4. The contact person and project supervisor for the City of Bozeman will be James Goehrung, Neighborhood Coordinator/Grantsperson. 5. The contact person and project supervisor for Montana State University will be Joe Armijo, Department of Civil Engineering. 6. The City agrees to route the grant dollars received from the Montana Department of Natural Resources and Conservation, in an amount not to exceed $29,800.00, through the Montana State University Office of Grants and Contracts. 7. The Montana State University Office of Grants and Contracts will coordinate all payments to Civil Engineering and the graduate students involved in the project. 8. Civil Engineering agrees to present monthly updates and detailed quarterly progress reports to the City throughout the term of the Agreement. 9. Civil Engineering will provide to the City, pursuant to the Grant Agreement specifications, a [mal report and recommendations for restructuring the fee parking system on the Montana State University campus and recommendations for developing a transit system in Bozeman, to the Bozeman City Commission and the Montana State University Parking Facilities Committee. - , . , .. , Subject to the above conditions, the parties agree to proceed with the development of the recommendations for developing a transit system in Bozeman and for restructuring the fee parking system on the campus. Dated this 21st day of August , 1995. Montana State University City of Bozeman 5f{iJlIl/7/Ji41Id ~J~ Department of Grants and Contacts Clerk of the Commission Attest 4:~~ J , Attachm~nt A. ( . . GRANT AGREEMEN'r This Agreement is hereby made and entered into between the Montana Department of Natural Resources and Conservation, it's sucessor agency Department of Environmental Quality, Energy Division, 1520 East Sixth Avenue, P.O. Box 202301, Helena, Montana 59620-2301, hereinafter called the "Department" and the City of Bozeman, 411 East Main street, P.O. Box 640, Bozeman, Montana 59771-0640 (Internal Revenue Service Identifying Number 81-6001238), hereinafter called the "Grantee." The parties to this Agreement in consideration of the mutual covenants and stipulations set out herein agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is to produce reports for the Bozeman City Commission and the Montana State University (MSU) Parking Facilities Committee with recommendations for developing a transit system in Bozeman and for restructuring the fee parking system on the campus. SECTION 2. TERM. This Agreement shall take effect on the 12th day of May 1995, or upon compliance with Section 13, Employment Status, whichever is 1996 later, and shall terminate on the 30th of June ~9~~, unless terminated earlier pursuant to section 20, Termination. 1 , i SECTION 3. LIAISON. The Grantee shall contact Paul Cartwright (406-444-6761) regarding all technical matters on the transit tasks, Marla Larson (406-444- 6832) for all technical matters on the parking tasks, and Joanne Canty (406- 444-6861) for administrative matters concerning this Agreement at the Montana Department of Natural Resources and Conservation, 1520 East Sixth Avenue, Helena, MT 59620-2301. The Department shall address all correspondence to James Goehrung (406-582-2308), City of Bozeman, 411 East Main Street, P.O. Box 640, Bozeman, Montana 59771-0640. SECTION 4. SCOPE OF WORK. The MSU campus is the major attractor of traffic in Bozeman. In March, 1994, the Bozeman City Commission established a parking district for the area around the campus. The purpose of the MSU Residential Permit Parking District is to reduce parking congestion on streets in the area. The district was established in response to residential concerns about congestion and increased traffic from students and staff "cruising" for parking spaces near the university. parking in the district is by permit only during weekdays. Creation of the parking District has forced the university to address demands for parking on campus. Parking fees on campus have increased, but remain relatively inexpensive in relation to the costs of maintenance, enforcement, land use, and so forth. MSU is being asked to extend an already tight budget to subsidize one mode of transportation--driving--by providing cheap parking. Further, while there is some difference in parking permit prices for different lots on campus, there is no systematic correlation between price and the value people place on different parking locations. Proper pricing of parking on campus will increase the incentive for students and staff to use modes of transportation other than the single-occupancy vehicle. However, Bozeman is the only major Montana city without one of the obvious alternative modes, an urban mass transit system. The Associated Students of Montana State University (ASMSU) does operate a fixed route bus system for MSU students, while transportation for the elderly and the disabled currently is provided by Galavan. However, the Bobcat Transit System at this 2 " . time is under-utilized and the Galavan system cannot accommodate all the requests for rides they receive. The Grantee, in cooperation with the MSU Civil Engineering Department, shall undertake a two-part project to address these inter-related problems. The first part of the project shall be development of a one card fee system for all the major parking lots on campus. This part shall include evaluation of a prototype of the one card gate system and a plan, to be reviewed by the campus Parking Commission, for each of the parking lots on campus. The one card fee system shall tie convenience of parking (based on location, time of day, and time of year) to the costs of parking. The second part of the project shall be a transit feasibility study to determine the best form of service for a mass transit system in Bozeman. The study shall survey current transit users, transit providers and the commuting public to determine their transportation needs. The survey shall be structured to identify the need for both transit and other transportation system improvements, such as pedestrian friendly design and location of businesses, that support a transit system. Transportation needs generated by the MSU campus shall be addressed specifically. This work shall be accomplished through the following tasks: PART I. REVISED PARKING FEE SYSTEM TASK 1: Develop institutional support. The project team shall meet with the office of the vice-president for administration, MSU parking Facilities Committee, representatives of ASMSU, and the City of Bozeman Transportation Coordinating Committee to explain the project, obtain any necessary authorization, and take suggestions for clarifying the project's goals or procedures. From this meeting the team will 3 " get the necessary direction to provide a report that is useful and acceptable to the university and the City of Bozeman. Deliverable: Formal authorization to proceed, obtained from appropriate authorities. TASK 2. Survey peer institutions to determine how parking is valued and how fees are collected. Universities similar to MSU shall be contacted to determine how they set prices for parking. Inquiries shall be made about any notable procedures, such as a card system, used to collect parking fees. Deliverable: A summary report of strategies used by other universities .to price parking. TASK 3: Design plans for fee parking lots. Major lots on campus shall be identified and described by size, location, condition and other pertinent parameters. The size and location of remaining official parking, as well as the possibility of unofficial parking areas, shall be described. For the major lots, plans shall be developed for lot entry and exit points and for the traffic flow system. The costs of physical modifications to the parking lots, as well as the incremental costs of maintaining those modifications, shall be estimated. A preliminary use survey of each lot shall be taken as a base line for future comparisons and for use in establishing parking costs. Deliverable: Report on lot size, location, and condition, suggested physical modifications of lots, and estimates of cost. TASK 4: Design a prototype gate/card system. 4 A prototype gate/card system shall be designed. To the extent possible, existing systems or commercially-available components and software shall be used. The prototype shall be designed to meet Bozeman conditions. Costs of installing and operating the system, including administrative costs, shall be estimated. Manufacturers shall be approached to loan or donate a sample gate for demonstration. Deliverable: A report on the design and cost of a prototype gate/card system. TASK 5: Estimate the costs of parking on campus. The costs of parking on campus shall be estimated. These shall include maintenance, enforcement, administrative overhead, and all other accounting costs. The possibility of including other costs, such as the opportunity cost of using land for parking, shall be explored. The relative value the campus community puts on different parking locations will be estimated. Deliverable: Report on costs of parking. TASK 6: Develop fee structure for parking system. Based on the results of Tasks 2-5, a fee structure that reflects the value of parking at different locations on campus shall be developed. The intent shall be to eliminate diversion of the university budget to parking facilities. A fee structure that moves beyond recovering accounting costs to approximating market value shall be explored. If market value should turn out to be below actual costs, recommendations shall be made on which excess parking space could be converted to other uses. The possibility of using parking fees in excess of accounting costs to support transit shall be discussed. Deliverable: To be included in the deliverable for Task 7. TASK 7: Preparation of a draft final report. 5 . , . A draft final report shall be prepared, summarizing the findings of Tasks 2-6, and shall include recommendations for implementing a fee system program, estimated costs, and proposed timeline. Deliverable: Draft final report. PART II. TRANSIT AND TRANSPORTATION NEEDS STUDY Task 8: Review of existing transit systems. Existing in-state public transit programs shall be surveyed to develop a summary of the organization, methods of funding, annual costs, levels of service, strengths and weaknesses of transit in Montana. To the extent appropriate, work already done by the Montana Department of Transportation, such as for TranPlan 21, shall be reviewed. In addition, exemplary programs in out-of-state ,towns similar to Bozeman, such as Boulder, Colorado, shall be contacted. The information from all these sources shall be used to identify the range of possible transit alternatives that might work in Montana and thereby provide some boundaries for this needs study. Deliverable: A description of transit programs in Montana and summaries of some programs in comparable towns elsewhere. TASK 9: Develop study objectives. The general goal of the study is to determine the need for and preferred shape of transit in Bozeman. Three groups shall be studied: transit providers, Bozeman residents and students and staff at MSU. For the latter two groups, the study shall include an investigation of perceived transportation problems, with an emphasis on ones that might be solved by transit. Transit needs shall be studied on the basis of door-to-door trips, which could include investigation of perceived problems such as with the pedestrian system that might influence the attractiveness of transit. The general goals of the study shall be translated into specific objectives, including identifying which 6 agencies might use the results of the study and the agency actions which the results could support. Deliverable: A report on research objectives. TASK 10: Choose survey methodology and develop survey instrument and sampling frame. Methods for surveying the three different groups shall be selected. These could include questionnaire, interview, personal transportation diary or focus group. Appropriate survey instruments shall be developed. Questions based on other studies, such as provided by organizations like the Roper Center or as developed by LUTRAQ, City of Boulder, and National Personal Transportation survey might be used to facilitate interpretation of the results. As appropriate, pre-testing of the survey instrument or qualitative work such as interviews or focus groups shall be done to guarantee the results of the survey can be interpreted. Appropriate sampling frames shall be identified. This work shall be done in cooperation with the Mathematics and Statistics Department. Deliverable: survey methodology and instruments. TASK 11: Conduct surveys. The- surveys, including preliminary work, shall be conducted at times likely to produce representative results. Deliverable: Certification that the surveys are complete. TASK 12: Analyze survey results. The results of the surveys shall be analyzed and a final technical report prepared. The analysis shall address both the need for an urban mass transit 7 --- --------------.-- - . , system and the manner and degree to which any transit system could reduce the number of vehicles trying to park at MSU, Deliverable: Final technical report. TASK 13: Prepare draft final report. The draft final report shall include a summary of all the information contained in Tasks 9 through 12. It shall describe a range of options for transit service in the Bozeman area based on the findings of the survey, the review of the strengths and weaknesses of other programs in the state and the level of existing resources and service providers in the community. It shall recommend the form a transit system in Bozeman should take, provide cost estimates, and identify possible sources of funding. Deliverable: A draft final report. , PARTS I & II. PRESENTATION OF RESULTS TASK 14: Public presentation of results. Results of both studies, including implications of each for the other, shall be presented to the community at public meetings before the Bozeman City Commission and the MSU parking Board. Materials that summarize the project and resulting technical reports and that clearly explain the significance of various findings shall be prepared for the MSU campus community and the general public. These reports shall be distributed to interested parties to facilitate public discussion. Comments on the findings and proposals shall be sought. Deliverable: Public information materials and certification that the results were presented to the community. TASK 15: Preparation and distribution of final reports. e . . A final report incorporating the technical reports and any public comments shall be prepared for MSU officials, Bozeman City commission, area transportation providers, and the Department of Natural Resources and Conservation. Deliverable: Final report. SECTION 5. PAYMENT. In consideration of services rendered pursuant to this Grant Agreement, the Department agrees to pay the Grantee according to the tasks and deliverables set forth in Section 4, Scope of Work. Total payments by the Department for all purposes under this Grant Agreement shall not exceed $29,800.00. The Grantee shall submit a vendor invoice itemizing completion of tasks and stipends payments as detailed below. Upon approval of a vendor invoice by the Department, the Department shall reimburse the Grantee. PROJECT COSTS Citv of Bozeman Task 2 500.00 Task 3 1,000.00 Task 7 2,000.00 Task 9 500.00 Task 10 3,000.00 Task 11 2,500.00 Task 12 3,000.00 Task 13 200.00 Task 14 1,000.00 Task 15 2,000.00 Sub-TOTAL $16,700.00 9 . . . Montana State University Student Stipends July 1995 2,500.00 September 1995 2,500.00 November 1995 2,000.00 January 1996 2,000.00 March 1996 2,000.00 May 1996 2.100.00 Sub-TOTAL $13,100.00 The Department shall use funds from the U.S. Department of Energy, by Public Law 97-88 and petroleum violation escrow funds authorized by the Stripper Well Settlement Agreement in the U.S. District Court for the District of Kansas, Cause No. M.D.L. 378. SECTION 6. RESPONSIBILITIES. The Grantee has primary responsibility for directing and supervising the performance of all services rendered under this Grant Agreement. The Department or its agents may monitor and inspect all phases and aspects of the Grantee's performance in order to determine compliance with technical and administrative requirements of this Grant Agreement. The Grantee shall at all reasonable times grant access to the Department or its agents for this purpose. SECTION 7. PUBLIC ACCESS. The Grantee shall allow public access to the project site or system on such dates and for such periods of time as mutually agreed to by the Grantee and the Department during the term of this Grant Agreement. SECTION 8. LEGAL REQUIREMENTS. The Grantee shall perform the services requested in accordance with all applicable federal, state, and local laws, statutes and ordinances and all applicable rules, regulations, and standards established by the Department. 10 . . SECTION 9. PUBLIC INFORMATION AND OWNERSHIP OF PRODUCTS. (1) All information resulting from the project funded under this Grant Agreement shall be made available to the public. (2) upon the completion of this Grant Agreement, all information, reports, data, records, documents, and materials generated or kept by the Department pertaining to this Grant Agreement shall be made available to the public by the Depar,tment, and the Grantee hereby agrees to indemnify and hold harmless the Department from the release of any information, reports, data, records, documents, and materials provided by the Grantee. SECTION 10. PUBLICATION OR RELEASE OF MATERIALS. The Grantee and the Department agree that any and all public releases of information, data, the interpretation of data, reports, or end products pertaining to this Grant Agreement may be released either by the Department or the Grantee. In the event Department finds it necessary or desirable to disclose potions of the data or results, such disclosure shall not be made in a manner which would willfully mislead anyone into reaching a conclusion inconsistent with the data or results as they appear in their entirety in the Report, and, further, if there is anywhere in the Report any statement or data which qualifies, restricts or explains, or which can be interpreted as qualifying, restricting, or explaining, such portions of the data or results, such statement or other data shall be included and made an integral part of those portions of the data or results so disclosed. All publicity concerning the activities conducted under this Grant Agreement and publications prepared for use under this Grant Agreement shall acknowledge the sponsorship by the Department. SECTION 11. RECORD KEEPING AND AUDITS. (1 ) The Grantee shall record all information and data obtained in the performance of this Grant Agreement and shall make such information available to the Department upon request. The Grantee agrees that the Department, Legislative Fiscal Analyst, and 11 ( . . . . Legislative Auditor, and federal authorities may audit all records, reports, and other documents that the Grantee maintains under or in the course of this Grant Agreement as required Federal and State statutes. Such records, reports, and other documents may be audited at any reasonable time. (2 ) Pursuant to Section 20, Termination, the Department may terminate this Grant Agreement upon any refusal by the Grantee to allow access to records necessary for the Legislative Fiscal Analyst, Legislative Auditor, or other auditors designated by the Department to carry out an audit or for the Department or federal authorities to conduct their own audit. In the event this Grant Agreement is terminated for such failure, the Grantee, at the option of the Department, shall return to the Department all funds previously awarded the Grantee and all results of the project to date. SECTION 12. AGENCY ASSISTANCE. The Department agrees to provide the Grantee reasonable access during normal business hours to the Department's records, data, and properties for the purpose of research, sampling, and making necessary observations, and to other information not privileged or confidential necessary for the Grantee to accomplish the services described in Section 4, Scope of Work. SECTION 13. EMPLOYMENT STATUS. It is mutually agreed that the Grantee is an Independent Contractor and is not an employee of the State of Montana nor of the Department and is not covered by the Workers' Compensation Laws applicable to the Department as employer. It is agreed that the Grantee must acquire Workers' Compensation coverage or the appropriate exemption. The Grantee's failure or the failure of its subcontractors to continue Workers' Compensation coverage or an approved exemption throughout the term of this Agreement shall automatically void this Agreement and Grantee shall pay to the Department Two Hundred Dollars ($200.00), not as penalty, but as liquidated damages to enable the Department or another Grantee to complete those services contracted for in this Agreement. 12 . I . The Grantee will not undertake to provide any of the services defined in Section 4, Scope of Work, until such time that proof of Workers' Compensation coverage or of an approved exemption has been submitted to the Department and has been attached to this Agreement as Appendix A. Because time is of the essence, the Grantee agrees to diligently pursue acquisition of Workers' Compensation coverage or of an approved exemption. The Grantee further agrees that if proof of coverage or an approved exemption is not submitted with 30 days after execution of this Agreement, the Agreement is null and void, and the Grantee shall pay to the Department Two Hundred Dollars ($200.00), not as a penalty, but as liquidated damaged to enable the Department or another contractor to complete those services contracted for in this Agreement. The term "Grantee" as used in this section includes the Grantee, its employees and its subcontractors. SECTION 14. EQUAL EMPLOYMENT OPPORTUNITY. Any hiring of employees under this Agreement shall be on the basis of merit and qualifications, and there shall be no discrimination on the basis of race, color, religion, creed, sex, national origin, age, disability, marital status, or political belief. As used herein, "qualifications" mean qualifications as are generally related to competent performance of the particular occupational task. SECTION 15. ASSIGNMENTS, TRANSFERS. AND SUBCONTRACTS. The parties mutually agree that there will be no assignment, transfer, or subcontracting of this Grant Agreement of any interest in this Grant Agreement except as provided in section 4, Scope of Work, unless agreed to by both parties in writing as provided in Section 18, Modifications. SECTION 16. SUCCESSOR AND ASSIGNS. This Grant Agreement shall be binding on all successors and assigns of the Grantee, including successors in interest. SECTION 17. LIMITS OF AGREEMENT. This Grant Agreement contains the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party, that are not contained in 13 , . . . this written Grant Agreement shall be valid or binding; and this Grant Agreement may not be enlarged, modified, or altered except as provided in Section 18, Modifications. SECTION 18. MODIFICATIONS. No letter, telegram, or other communication passing between the parties to this Grant Agreement concerning any matter during the term of this Grant Agreement shall be considered a part of this Grant Agreement unless it is distinctly stated in such letter, telegram, or communication that it is to constitute part of this Grant Agreement, and such letter, telegram, or communication is attached as an Appendix to this Grant Agreement and is signed by an authorized representative of each of the parties to this Grant Agreement. SECTION 19. INDEMNITY AND LIABILITY. The Grantee shall indemnify, defend, and hold harmless the Department from and against any and all claims, demands, or actions for damages to property or injury to persons or other damage to persons or entities arising out of or resulting from the Grantee performance of this Agreement or the results thereof, provided such damage to property or injury to persons is due, in whole or in part, to the results from the negligent error or omission of the Grantee or any of its employees. SECTION 20. TERMINATION. (1 ) Except as otherwise provided in this section, either party may terminate this Grant Agreement for failure of the other party to perform any of the services, duties, or conditions contained in this Grant Agreement after giving thirty (30) days written notice by registered mail or personal delivery to the other party. The written notice must demand performance of the stated failure within a specified time period of not less than thirty (30) days. If the demanded performance is not completed within the specified time period, the termination is effective at the end of that specified time period. Because the reports are the essence of this Grant Agreement, if no acceptable report is received, the Grantee shall be required to return all payments under this Grant Agreement. 14 I . . . ~~ ~ . . . SECTION 21. MONTANA LAW AND VENUE. The parties agree that any action at law, suit in equity, or judicial proceeding for the enforcement of this Grant Agreement or any provision thereof shall be instituted only in the courts of the State of Montana, and it is mutually agreed that this Grant Agreement shall be governed by the laws of the State of Montana both as to interpretation and performance. In the event of litigation concerning the terms of this Grant Agreement, venue shall be in the First Judicial District in and for the County of Lewis and Clark, Montana. SECTION 22. SEVERABILITY. It is understood and agreed by the parties hereto that if any term or provision of this Grant Agreement is by the courts held to be illegal or in conflict with any Montana law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Grant Agreement did not contain the particular term or provision held to be invalid. SECTION 23. TANGIBLE PROPERTY. At the conclusion of this Grant Agreement, all equipment, supplies, and materials purchased for and used in completing the terms of this Grant Agreement shall be the property of the Grantee. SECTION 24. CONFLICT OF INTEREST. The Grantee will establish safeguards and prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. SECTION 25. FEDERAL LOBBYING PROHIBITION. Pursuant to federal P.L. 101-121, Section 1342, the Grantee certifies that: 1. No federal funds received by the Grantee under this grant or from any other source have been paid or will be paid by the Grantee, or on its behalf, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with awarding of any federal contract; making any federal grant or loan; 15 ~ . . . '.. . . . . . . . entering into any cooperative agreement; and extending, continuing, renewing, amending, or modifying any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federally-appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Agreement, the Grantee will immediately obtain a standard Form-LLL, "Disclosure Form to Report Lobbying." Complete the form in accordance with its instructions, and return it to the Department as soon as possible. 3. The Grantee will require that the language of this section be included in any subcontracts 'of this Agreement it enters into and ensure that all of the subcontractors certify and disclose accordingly. SECTION 26. EXECUTION. This Grant Agreement consists of 16 pages. The original is to be retained by the Department. A copy of the original has the same force and effect for all purposes as the original. To express the parties' intent to be bound by the terms of this Grant Agreement, they have executed this document on the dates set out below: r June 5. 1995 By: Date CIT 411 East P.O. Box Bozeman, 59771-0640 - 9S /.2 VWA By: Date MO TAN RESOU Energy Division 1520 East Sixth Avenue Helena, MT 59620-2301 16 . . , . ~ AMENDMENT This Amendment to Agreement No. EDG-95-7569, hereinafter called the "Amendment," is made and entered into between the Montana Department of Environmental Quality, 1520 East sixth Avenue, Helena, Montana 59620-0901, hereinafter called the "Department, .. and the City of Bozeman, 411 East Main Street, P.O. Box 640, Bozeman, Montana 59771-0640, hereinafter called the "Grantee. " The parties to this Amendment, in consideration of the mutual covenants and stipulations set out herein, agree as follows: THAT because the Grantee has requested an extension, Section 2, Term, is hereby amended to read as follows: SECTION 2. TERM. This Grant Agreement shall take effect on the 12th day of May, 1995, or upon compliance with Section 13, Employment Status, whichever is later, and shall terminate on the 1st day of November, 1996, unless terminated earlier pursuant to Section 20, Termination. 1 . . . . THAT the effective date of this Amendment is the 1st day of July, 1996. This Amendment consists of two pages. The original is to be retained by the Department. A copy of the original has the same force and effect for all purposes as the original. To express the parties' intent to be bound by the terms of this Amendment, they have executed this document on the dates set out below: C-. J Lf ~- (7 ({l By: /9 Lv. "'\0 V " Cl Date TY OF BOZEMAN <-:.. .,,-'- 4 1 East Main Street P.O. Box 640 Bozeman, Montana 59771~O640 61/ci'/9C By: Date QUALITY 59620-0901 2