HomeMy WebLinkAbout06- Bozeman Urban Transportation Plan Update Funding Agreement
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Funding Agreement
Bozeman Urban Transportation Plan Update
This Agreement is made and entered into by and between the City of Bozeman and Gallatin
County (LOCAL AUTHORITIES), and the Montana Department of Transportation (DEPARTMENT).
The parties to this Agreement acknowledge the following:
1. Purpose of Aqreement
This agreement documents funding responsibilities for the update of the Bozeman Urban
Transportation Plan for the area shown in Exhibit A. The scope of the update is described
in Exhibit B.
2. Time of Performance
The term of this agreement will be from the signing of this agreement until December
31, 2007, unless terminated before that date as provided in Section 10 below.
3. Compensation
The project will be funded by the LOCAL AUTHORITIES and DEPARTMENT based on the
following financial allocations.
City Funds
County Funds
MDT Funds
(25%)
(25%)
(50%)
$40,000
$40,000
$80,000
Total $160,000
The LOCAL AUTHORITIES will not reduce Its share of the project cost unless there is a
proportional cost reduction to the DEPARTMENT. The total payment to the LOCAL
AUTHORITIES to complete the plan update shall not exceed the MDT funding reflected
above. Any increase in project costs must be agreed to beforehand in writing and must
be borne proportionately.
The LOCAL AUTHORITIES will submit invoices and supporting documentation
substantiating the amount requested for payment along with a letter approving payment
to Lynn Zanto, Statewide & Urban Planning Section Supervisor, Transportation Planning
Division, Montana Department of Transportation, 2701 Prospect Avenue, Bozeman, MT
59620. DEPARTMENT funds will be used to reimburse the LOCAL AUTHORITIES for ItS
proportionate share of the total costs attributable to the transportation study. The
DEPARTMENT has the authority to review and approve payment of the invoices submitted
by the LOCAL AUTHORITIES. Reimbursement will not be made for any costs not clearly
and accurately supported and not submitted within sixty days of the date originally
occu rred.
. j.
The DEPARTMENT reserves the right to withhold 10% of its proportionate share of the
total project cost until all supported claims filed with the DEPARTMENT have been settled.
4. Liaison
The liaison person for the DEPARTMENT is Alan Vander Wey, Statewide & Urban Planning
Section Planner, Transportation Planning Division. The liaison person for the LOCAL
AUTHORITIES is Robertj. Murray Jr., P.E., City of Bozeman, Engineering Division, PO BOX
1230, Bozeman MT 59771. All reports, partial and final payment requests, and
coordination of activities will be submitted to the Transportation Planning Division for
acceptance by the DEPARTMENT.
5. Department-Local Coordination
The local authorities will secure and administer consultant services for development of
this study. Draft products including the request for proposal, consultant's proposed
scope of work and cost, technical reports, and draft reports will be provided to the
Department for review and comment prior to finalizing any such products.
6. Ownership of Documents
All notes, calculations, computer runs, specifications, reports, special studies, and other
data prepared or collected under this agreement will become the property of the LOCAL
AUTHORITIES upon completion of the study. The LOCAL AUTHORITIES will provide a copy
of the completed study to the DEPARTMENT upon completion of the study.
7. Access to Records
It is expressly understood that the LOCAL AUTHORITIES are required to maintain
reasonable records of their performance and further to allow access to these records by
the Department and the Montana Legislative Auditor and Legislative Fiscal Analyst when
required by law.
8. LOCAL AUTHORITIES will require any subcontractor performing work under this
agreement to provide proof of the following insurance coverage prior to the date upon
which work is to begin. The proof of insurance or exemption must be valid for the entire
agreement period.
a. Comprehensive general liability insurance, including vehicle liability insurance,
with limits acceptable to the LOCAL AUTHORITIES.
b. Workers Compensation Insurance coverage valid in the State of Montana or proof
of exemption thereof.
9. Nondiscrimination
The LOCAL AUTHORITIES will require during the performance of any work arising out of
this agreement, that the agreement, for itself, its assignees and successors shall comply
with all nondiscrimination regulations shown in Exhibit "C".
10. Termination
This agreement may be terminated for convenience by either party by that party mailing
or faxing a written notice of termination to the other's liaison person. The DEPARTMENT
may also terminate this agreement for default. If termination occurs due to default, the
notice shall state the manner of the default, and offer the LOCAL AUTHORITIES an
opportunity to explain the non-performance. If the DEPARTMENT finds that the LOCAL
AUTHORITIES has a reasonable excuse for non-performance, which is beyond the control
of the LOCAL AUTHORITIES, the DEPARTMENT may set up a new work schedule to allow
the completion of the agreed upon work.
In any termination, the DEPARTMENT will make its contractual payments proportionate to
the work performed at the time of termination and the LOCAL AUTHORITIES shall account
for any property in its possession paid for with funds received from the DEPARTMENT or
supplied to it by the DEPARTMENT.
11 . Litiqation
Controversy arising from this agreement may result in litigation. Arbitration, unless
agreed to in writing and pursuant to law, is not available.
12. Venue
In the event of litigation concerning this agreement, venue shall be in the District Court
of the First Judicial District of the State of Montana in and for the County of Lewis and
Clark. This agreement shall be interpreted according to Montana law.
13 Aqreement Modification
Any change in this agreement will be by written agreement of the parties.
14 Notice
All notices arising out of, or from, the provisions of this agreement shall be in writing
and given to the parties at the address of the party above, either by regular mail or
delivery in person.
15 Severability and Inteqration
If any single part, or parts, of this agreement are determined to be void, the remaining
parts will remain valid and operative. This agreement, as written, expresses the total,
final and only agreement of the parties relevant to its subject matter. No provision,
expressed or implied, arising from any prior oral or written request, bid, inquiry,
negotiation, contract, or any other form of communication shall be a provision of this
agreement unless specifically provided within the written terms herein.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed.
CITY OF BOZEMAN
By: ~A_MM_
Date:___f-=_L1_______, 2006
Date:________________~__, 2006
STATE OF ONTANA - DEPARTMENT OF TRANSPORTATION
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APprov~1 for Civil Rig/tent:
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Attachment HB"
SCOPE OF WORK
A. STUDY AREA BOUNDARY REVIEW
The consultant shall review the attached proposed study area boundary, and submit any resulting
proposed area changes to the Local Officials for approval. This review shall take into
consideration changes in land use which are anticipated, thc arca of jurisdiction of local
government entities, the areas included in other reccnt studies prepared tor the Local Officials,
and any other factors which may have a material effect on the transportation study effort.
B. DATA ACQUISITION
The consultant will identify the infonnation and data needed to accomplish all facets of the study
effort, will search out and evaluate the information and data that is already available for use, and
will be responsible for collecting or developing any additional information required to
accomplish the transportation study tasks and objectives. Any existing data utilized will be
adequately referenced in study documents to allow users and reviewers of the study to identify
and obtain the referenced material. Any new data and infonnation collected or developed by the
consultant shall be appended to the study report and shall become the property of the Local
Officials.
Information known to be available which the consultant should review and utilize as appropriate
includes:
. Existing and under development data documents locally (studies, accident data, land use
information, sign inventory, number of parking spaces/facilities and overall utilization)
. Existing data and inventory counts from the Local OffIcials and MDT (traffic count data,
accident data, signal warrant analysis, turning movements, aerial photos, major street
classifIcations and function)
. U.S. Census data
. Local Officials' records (Building and septic permit information, utility records, road
network, etc.)
. Socio-economic data and projections compiled by State Department of Commerce and/or
University System units and Local Officials.
C. TRAVEL DEMAND MODELING
In support of the transportation plan, a travel demand model will be developed to simulate
existing travel patterns, forecast future traffic volumes, and allow for analysis of alternative
transportation improvements. Travel demand modeling will be performed by the Montana
Department of Transportation (MDT), Statewide and Urban Planning Section. Throughout the
modeling process, MDT will cooperate with the consultant to ensure their understanding of the
data inputs and assumptions that go into the model. The model will include all of Gallatin
County north of Yellowstone National Park. This modeling area is larger than the proposed
study area.
(I) Base Model
MDT will develop a travel demand base model utilizing the most recent data available. T'he base
model will be devcloped using TransCAD modeling software. MDT will research and assemble
all neccssary social, economic, and geographic information for the devclopment of the base year
model. The model will consist ofa representative road network and traffic analysis zones. The
road network will be attributed with characteristics such as: speed, capacity, travel time, and
functional classification. The traffic analysis zones will represent areas of similar land use and
will contain housing and employment data. The model will be calibrated (adjusted) to base year
traffic counts from local and state sources. The basc model and data used in its development will
be available t()r consultant review. The consultant will have the opportunity to review, comment
on and accept the base model.
(2) Future Year Housing and Employment
MDT will research historic and projected land use patterns in the study area to identify growth
rates for housing and employment. This research will be documented and provided to the
consultant. The consultant, in consultation with MDT and local planners, will determine final
growth rates and develop future year housing and employment totals. Also, the consultant, in
consultation with Local Officials, will develop any alternative land use scenarios
(locations/growth rates) that are considered appropriate for use in future year modeling.
(3) Land Use Allocation
The consultant will coordinate allocation of the future year housing and employment throughout
the study area, utilizing local officials and professionals knowledgeable on community
development, for each alternative land usc scenario. The product of the land use allocation
exercise will be a map of future year housing and employment locations that will be provided to
MDT. MOl' will translate the distribution map information into the tramc analysis zones in the
model. MDT and thc loeal government will also develop a list of committed projects for the
study area, which will be incorporated into the model road network. Future year model runs will
be completed using the future year housing and employment distributions and a road network
containing the existing plus committed road network (E+C). The results of the future year model
runs will be provided to the consultant for analysis.
(4) Modeling Alternatives
Once the consultant has analyzed future year model runs they will develop a I ist of alternative
improvements to be modeled by MDT. Modeling alternative scenarios will be completed using
future year housing and employment data, the E+C road network and any alternative land use
scenarios. The consultant will be responsible for developing the variables that describe the
project alternatives to be analyzed. These include:
. Route identification/name
. Begin/end points
. Speed
. Number of lanes
. Access points
. Direction of flow
. Turn prohibitions
The results of alternatives modeling will be provided to the consultant for review and analysis.
(5) Formats/Timelines
An initial model scoping meeting will be held once the consultant contract has been awarded.
The format for presentation of all model results and data wi II be negotiated with the consultant at
the scoping meeting. Also, MDT and the consultant will decide on realistic timeframes for the
completion ofthe tasks outlined above at that time. Any other incidental details can be included
for discussion at the meeting.
(6) Technical Memorandum
A final report documenting traffic model development will be prepared by MDT and provided to
the consultant.
D. REQUIRED ANALYSES
The consultant shall develop long and short- range goals and plans for the transportation system
within the Local Officials' planning area. The analyses performed by the consultant will
explicitly consider the following issues in developing alternatives and recommendations for
consideration by the Local Officials:
.:. The transportation implications of the local growth policies and other current or ongoing
public or privatc dcvclopment plans.
.:. Projected transportation demand for ten and twenty year planning horizons based on model
scenarios driven by land use and soeio-economic projections for those years.
.:. Potential facilities and services for alternative modes of transportation including bicycles,
pedestrian, and mass transit.
)- This includes number of miles and interconnectedness including existing and currently
proposed trails, bike lanes, bike routes, trails, sidewalks, and shared-use paths. Analysis
is to be provided by a qualified professional with specialization in bicycle and pedestrian
transportation.
.:. Capacity analysis for intersections and corridors in relation to existing and projected demand.
This will include identifying estimated volumes at which failure is expected to occur.
.:. Existing unmet needs for the maintenance and preservation of the existing transportation
system.
.:. Problems and opportunities associated with special tratlic demand generators such as:
schools, medical centers, shopping centers, high traffic businesses, landfills, transfer stations,
public buildings, airports, etc.
.:. Accident analysis for high accident locations.
.:. Review options fix downtown parking.
.:. Travel time analysis fi.1f peak and off-peak times.
.:. Truck traffic analysis and potential truck route identification.
.:. Address access management, approach ordinance and permitting issues.
.:. Opportunities for utilizing access management to protect or enhance the capacity of arterial
and collector routes.
.:. Potential transportation system management (TSM) improvements such as signal
synchronization, new signals, turning bays, one-way strect designation, etc., and updating of
tramc calming practices.
.:. Identify existing and potential programs for funding transportation system maintenance and
improvement. For each program specify at least the source of funding, criteria utilized in
distributing funds, anticipated funding available over time, matching requirements, and
restrictions on the use of program funds.
E. PUBLIC PARTICIPATION
This project will entail public involvement and public meeting work. The consultant shall
include a public participation program in his/her response to this RFP to maximize public
awareness and involvement in the transportation planning process. In order to gather significant
input on local concerns, the consultant shall conduct a meeting or meetings in the community to
deal with transportation related concerns in the effected neighborhood. 'T'he proposed program
shall be approved by the Local Officials during negotiation of the final contract. Consultant's
program proposal should include at least the following clements:
· Mechanisms for infonning/educating the public about the transportation study process (and
the significant issues under consideration) which will motivate participation and encourage
meaningful response.
· Mechanisms for public participation to be used in gathering response to the consultant's
recommendations and alternatives. Plans for informing and gathering input from local
government boards and commissions are to be specifically identified, and shall include a
website.
· Mechanisms for presenting the proposed action and alternatives at the public hearings on the
draft final study.
· Mechanisms for documenting participation, recording input, analyzing, and summarizing the
responses received during all phases of the process.
· An indication, and/or examples, of the materials (media releases, handouts, presentation
displays, graphics) that the consultant will use in public communication.
F. PLANNING OUTPUTS
The consultant shall develop an integrated package of recommendations and alternatives (based
on the analyses of the previously-listed issues and factors) for management and improvement of
the transportation system. These recommendations shall be prioritized on the bases of (I)
significance of system needs met and/or problems resolved, (2) immediacy of targeted
needs/problems, and (3) effectiveness/cost efficiency in dealing with targeted needs or problems.
Where alternatives are available for resolving issues or problems; these are to be identified.
Estimated costs of the recommendations and alternatives and potential funding sources are to be
identified, but cost containment (based on the anticipated revenue stream) will not be applied.
The consultant shall prepare a written summary suitable for public distribution of the material
described in the previous paragraph. A presentation, together with appropriate visual/graphic
displays, for use at the public meetings called for in the public involvement plan will also be
prepared. Once the public participation review of consultant's package of recommendations is
complete, the results obtained will be summarized in writing and provided to the Local Otlieials.
Utilizing the guidance received from the Bozeman Transportation Coordinating Committee as
representatives of the Local Otlicials, the consultant shall prepare a draft final study document.
Alternatives selected by the Local Officials shall be evaluated for social, economic, and
environmental effects. Evaluations shall include, but not be limited to, effectiveness in meeting
community transportation circulation and access needs, air quality, energy efficiency, storm
water drainage, noise, and aesthetic issues such as trees, community compatibility, landscaping,
etc. Anticipated costs over time associated with the preferred alternative will be compared with
projected revenue.
Twenty-five (25) copies of the draft final study plus one unbound, reproducible document will be
submitted to the Local Otlicials for their preliminary approval. In addition, a copy of the plan
shall be submitted in a PDF format for ready duplication. The Local Officials may require the
consultant to make revisions in the draft study prior to releasing it for public hearings. Once any
changes required by the Bozeman Transportation Coordinating Committee are made, the draft
study will be subject to public hearings. The consultant will assist in presenting the hearings and
will analyze the input received for the Local Otlieials. The Local Officials may require
additional revisions to the draft study before approving it and recommending it to the City of
Bozeman City Commission and Gallatin County Board of Commissioners. It is possible that the
City of Bozeman City Commission and Gallatin County Board of Commissioners may require
further modifications before approving the study. Because revisions to the draft study may be
required at several points, it shall be printed and bound in a format that will allow changes
without complete reprinting.
Upon approval of the draft final study by the Bozeman City - Gallatin County Commissioners,
the consultant will prepare a final study document incorporating all revisions and comment from
the draft. Two (2) hard copies shall be supplied to the Local Officials for oftlcial record. This
final study document shall be formatted and bound in a manner that will allow it to be revised or
updated without reprinting the entire document. In addition a copy of the plan shall be submitted
in an editable digital format, as well as PDF format for ready duplication. All maps, project
diagrams, and other location or facility related depictions must be submitted in a digital format
compatible with the Gallatin County and City of Hozeman geographic information systems.
.
NON-DISCRIMINATION NOTICE
EXHIBIT "C"
During the performance of this Agreement, the City and County (hereafter in this Section
"Local Authorities"), for itself, its assignees and successors in interest, agrees as follows:
A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
FOR FEDERAL-AID CONTRACTS
(1) Compliance with Rel;:?:ulations: Local Authorities shall comply with all
Regulations relative to nondiscrimination in Federally-assisted programs of the
Department of Transportation, 49 Code of Federal Regulations (CFR), Part 21, as
they may be amended (hereafter referred to as the Regulations), which are
incorporated by reference and made a part of this Agreement, even if only state
funding is here involved.
(2) Nondiscrimination: Local Authorities, with regard to the work performed by it
during the Agreement, shall not discriminate on the grounds of sex, race, color, or
national origin in the selection and retention of subcontractors, including
procurement of materials and leases of equipment. Local Authorities shall not
participate either directly or indirectly in the discrimination prohibited by 49 CFR
Sec. 21.5.
(3) Solicitations for Subcontracts. Including Procurement of Materials and
Equipment: In all solicitations, whether by competitive bidding or negotiation by
the Local Authorities for work to be performed under a subcontract, including
procurement of materials or leases of equipment, any potential subcontractor or
supplier shall be notified by the Local Authorities of the Local Authorities
obligations under this Agreement and the Regulations relative to
nondiscrimination.
(4) Information and Reports: Local Authorities will provide all reports and
information required by the Regulations, or directi ves issued pursuant thereto, and
permit access to its books, records, accounts, other sources of information and its
facilities as may be determined by State or the Federal Highway Administration
(FHW A) to be pertinent to ascertain compliance with Regulations or directives.
Where any information required of the Local Authorities is in the exclusive
possession of another who fails or refuses to furnish this information, the Local
Authorities shall so certify to the Department or the FHW A as requested, setting
forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the Local Authorities
noncompliance with the nondiscrimination provisions of this Agreement, State
may impose sanctions as it or the FHW A determines appropriate, including, but
not limited to,
(a) Withholding payments to the Local Authorities under the Agreement until
the Local Authorities complies, and/or
(b) Cancellation, termination or suspension of the Agreement, in whole or in
part.
(6) Incorporation of Provisions: The Local Authorities will include the provisions of
paragraphs (1) through (6) in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Regulations or directives
issued pursuant thereto. The local Authorities will take such action with respect
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to any subcontract or procurement as the State or the FHW A may direct to
enforce such provisions including sanctions for noncompliance: Provided,
however, that in the event the Local Authorities is sued or is threatened with
litigation by a subcontractor or supplier as a result of such direction, the Local
Authorities may request the State to enter into the litigation to protect the interests
of the State, and, in addition, the Local Authorities or the State may request the
United States to enter into such litigation to protect the interests of the United
States.
B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR
PRACTICES, SEC. 49-3-207, MCA
In accordance with Section 49-3-207, MCA, the Local Authorities agrees that for this Agreement
all hiring will be made on the basis of merit and qualifications and that there will be no
discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status,
physical or mental disability, or national origin by the persons performing the Agreement.
C) COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)
(1) Local Authorities will comply with all regulations relative to implementation of
the AMERICANS WITH DISABILITIES ACT.
(2) Local Authorities will incorporate or communicate the intent of the following
statement in all publications, announcements, video recordings, course offerings
or other program outputs: "Local Authorities will provide reasonable
accommodations for any known disability that may interfere with a person in
participating in any service, program or activity offered by the Local
Authorities. In the case of documents, recordings or verbal presentations,
alternative accessible formats will be provided. For further information call
the Local Authorities."
8. All video recordings produced and created under contract and/or agreement will
be closed-captioned.
D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED BUSINESS
ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL
ASSISTANCE PROGRAMS, 49 CFR PART 26
Each Agreement the Department signs with a Local Authorities (and each subcontract the
prime contractor signs with a subcontractor) must include the following assurance:
Local Authorities, subrecipient or subcontractor shall not discriminate on the basis
of race, color, national origin, or sex in the performance of this contract. Local
Authorities shall carry out applicable requirements of 49 CFR Part 26 in the award
and administration of DOT-assisted contracts. Failure by the Local Authorities 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