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HomeMy WebLinkAbout98- Highland Blvd. Pedestrian/Bicycle Path Grant Reimbursement Agreement . . ORIGINAL GRANT REIMBURSEMENT AGREEMENT HIGHLAND BLVD. PEDESTRIAN/BICYCLE PATH THIS AGREEMENT is entered into by GALLATIN COUNTY, through the Board of County Commissioners, ("County"), 311 W. Main, Bozeman, MT 57815, and the City of Bozeman, ("City"), P.O. Box 640, Bozeman, MT 59771. WITNESSETH: WHEREAS, the County is the recipient of a Grant from the Montana Department of Transportation ("Grant") for the Highland Blvd. Pedestrian/Bicycle Path ("Project"), STPE 1215(1) owned and operated by the City; and WHEREAS, this Agreement between the County and the City will enable them to enhance cooperation in implementing the County's Grant award to accomplish the above-described project; and WHEREAS, the County, in its capacity as grantee, has determined that the City can better supervise the project; and WHEREAS, both parties to this Agreement understand that neither local government involved herein has in any way, expressly or implied, abrogated any of its individual powers, and that this Agreement does not create any new organization or legal entity. NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT UPON MUTUAL CONSIDERATION AGREE AS FOLLOWS: I. General Understanding A. The primary purpose of this Agreement is to allow the County to delegate responsibility for the design and construction of the Project to the City and to define the procedures by which the County will disburse Grant funds to pay the costs incurred as a result of these activities. The City facilities will be constructed or improved as described in the Grant and the City will continue to own and operate the facilities. B. The parties agree that no rights or obligations are created in any third party by entrance into this agreement. II. Responsibilities Delegated to the City: A. The City will retain the services of a consulting engineer Grant Reimbursement Agreement Gallatin County/City of Bozeman Page 1 ~;-4,_._." or architect to design and supervise the construction of the project ("Project Consultant"). B. The City will be responsible for all facets of the design and construction phases of the project, including the following: 1. Design; 2. Construction; 3. Administration and compliance with all applicable state and federal law; 4. Preparation of construction bid documents; and 5. Supervision of the bid process, the awarding of construction contracts, and construction of the project. C. The City and its Project Consultant will receive, review, and approve all requests for payment. Upon filing of a certificate of completion by the Project Consultant, the City will forward a copy of such certificate to the County. D. During the term of this Agreement, the City will maintain reasonable records of its performance hereunder in a manner consistent with generally accepted accounting principles. The City will allow the County and any agency responsible for the Grant and their authorized-representatives access to these records at any time during normal business hours. At the request of the County, the City will submit to the County, in the format prescribed by the County, status reports on its performance under this Agreement. E. The City will provide documentation and certification that the local share of the cost of the Project that exceeds the Grant will be available at the time of authorization of payment by the County. F. The City will provide and maintain proper insurance coverage in compliance with state law to cover any and all liability related to the Project. G. The City will name a contact person. For this Project that person is James Goehrung who shall receive and examine the documents supplied by the County, act as liaison between the County and the City and respond to requests from the County in writing promptly to prevent unreasonable delay in Grant Reimbursement Agreement Gallatin County/City of Bozeman Page 2 the progress of the Project. III. Responsibilities Delegated to the County: A. Within 30 days of receipt of the certificate of completion the County will authorize payment of Grant funds to the City who will use such payment exclusively for the payment for the Project. The amount shall not exceed $38,438.00 ($30,750.00 from Grant, $7,688.00 in matching funds). The County will not be responsible for costs that exceed that amount or that are not reimbursed by the Montana Department of Transportation in the amount of the Grant. B. The County may refuse to authorize payment of any claim which it deems not valid under the terms of the Grant. Such authorization shall not be unreasonably withheld. C. The County will name a contact person. For this Project the that person is Larry Watson who shall receive and examine the documents supplied by the City, act as liaison between the City and County and respond to requests from the City in writing promptly to prevent unreasonable delay in the progress of the Project. IV. General provisions A. In an action to enforce the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, including fees of either the City or County Attorney or their respective staff, to be set by the appropriate court. B. An action to enforce this Agreement shall be brought in the District Court of the Eighteenth Judicial District, Gallatin County, Montana. C. All notices made pursuant to this agreement shall be delivered to the addresses above by first class mail. D. This Agreement shall be governed and interpreted according to the laws of the State of Montana. Section headings are for convenience only and are not intended to define or limit any provisions of this Agreement. The provisions of this Agreement are independent and severable, and the invalidity, partial invalidity, or unenforceability of anyone provision or portion thereof shall not affect the validity or enforceability of any other provision. Grant Reimbursement Agreement Gallatin County/City of Bozeman Page 3 3 _.'~"-:"1;: I, "~:':'i~ E. The time of complying with this Agreement is of the essence and a violation is a material breach. F. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision. No covenant, term, or condition of this Agreement shall be deemed waived by either party unless such waiver shall be reduced to writing and signed by the parties. This document represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, agreements or representations, either written or oral. This Agreement may be amended only by written instrument signed by both parties. G. The parties respectively, bind themselves, their successors, ass1gns and legal representatives to the other party and to the successors, assigns and legal representatives with respect to all covenants, terms, or conditions of this Agreement. Neither party shall assign this Agreement without the written consent of the other. H. This Agreement consists of 5 pages. The Original will be kept by the Gallatin County Clerk and Recorder. A copy of the Original signed Agreement has the same force and effect as the Original. I. This Agreement will terminate 90 days after the Project Consultant files a certificate of completion with the County. v. Indemnification A. The City waives any and all claims and recourse against the County, including the right of contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to the performance of this Agreement except claims arising from the concurrent or sole negligence or intentional acts of the County or its officers, agents, or employees. The City will indemnify, hold harmless, and defend the County against any and all claims (including wage claims), demands, damages, costs, expenses, or liability arising out of the City's performance of this Agreement except for liability arising out of the concurrent or sole negligence or intentional acts of the County or its officers, agents or employees. Grant Reimbursement Agreement Gallatin County/City of Bozeman Page 4 V "-i VI. Suspension and Termination A. The County may suspend or terminate this Agreement if the City materially fails to comply with this Agreement, any term of the Grant or if the Grant is suspended or terminated for any reason. The undersigned having the requisite authority to_.Rind the County and City hereby execute this Agreement on the ~day of ~ ' 1995'- , ~ ,~f~~"':' ~:.'.~\ t, " "-,t:'," .._~'r.:""""" ,...,,,~l.,,., Ja " ,,,,,,,,. '." ./ \> ,;0 J!r'" j ,. ~ ;I I l;" ," :NI '("to ,I ,. (, ,1.. ''Ij\ - At;1liST :1";",/ " " \ ,";; . "" . , Chairman, Board of Commissioners C City of Bozeman: . _ ~ _L C1 a' V. J~h~on, Ci ty Manager (Title) omml 55 1 o~Title) Grant Reimbursement Agreement Gallatin County/City of Bozeman Page 5