HomeMy WebLinkAbout08- Montana Department of Transportation Utilities Agreements for South 19th and College and Babcock and Kagy copiesldl U % .~iA u
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Commission Memorandum
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REPORT TO: Honorable Mayor and City Commission
FROM: Rick Hixson, City Engineer
Chris Kukulski, City Manager
SUBJECT: Montana Department of Transportation Utilities Agreements for South 19"'
and College and 19`'' Projects
MEETING DATE: May 12, 2008 -Consent Agenda
RECOMMENDATION: Authorize the Mayor to sign the attached agreements with the
Montana Department of Transportation for mutual funding of city utility relocation costs.
BACKGROUND: The two attached agreements (2 copies ofeach) are standard agreements
required by the Montana Department of Transportation (MDT). In order to receive funding for
75% of the cost of this portion of the project, the City is required to execute these agreements.
The agreements detail funding responsibilities for relocation and/or replacement of water zx~ain
infrastructure impacted by the South 19`h Avenue Improvements. These agreements are required
whenever we build projects with MDT on Federal Aid Routes and the provisions of the
agreements are both acceptable and Familiar to us.
FISCAL EFFECTS: It is anticipated that these expenses, which amount to $106,b75.98, will
be paid for out of the water enterprise or other water capital project funds. If the agreement is not
e~atered into, the City will have to fund the entire cost of relocating water infrastructure impacted
by the project, resulting in the loss of $205,818.31.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
~,~ ~--_
Rick Hixson, City Engineer Chris A. Kukulski, City Manager
Attachments: MDT letters of transmittal (2)
State of Montana Department of Transportation
Utilities Agreements (2 copies of 2)
Report compiled on Apri129, 2008
y'ervhag you wish pride
Montpna Department of Transportation
2701 Prospect Avenue
PQ Box 201001
Helena MT 59620-1001
Apri128, 2008
City of Bozeman
Attn: Debbie Arkell
PO Box 1230
411 E. Main Street
Bozeman MT 59771-1230
Subject: CM-STPU 1201(9) I/C
S 19~' & College -Bozeman
Control No. 4918
Jim Lynch, Director
Brian Schweitzer. Governor
~r~~i ~ i ~~~~
Attached are two originals of our utility agreement covering the changes of your water &
sanitary sewer facilities as required on subject project.
Please have bath originals properly completed, signed and returned to this office for further
handling.
If you should have any questions, please call Steve Giard at (406) 444-6077.
Walt Scott
~~ "Supervisor-Utility Section
WS:sg
Attachments
Copies Don Reidelbach _ Engineering Contract Specialist -Utilities Section -Helena
Utilities Section, Right of Way Bureau An Equal Opportunity Employer
Engineering Division
Phone: (406) 444--6087 TTY: (8p0) 335--7592
Fax: (408) 444-8091 Web Page: www.mdt.state.mt.us
STATE OF MONTANA
DEPARTMENT OF TRANSPORTATION
UTILITIES AGREEMENT
This Agreement is entered into this ~~~day of ~°t.~ , 2008 between the State of Montana,
acting through its Department of Transportation, hereinafter called the "STATE", and the City of
Bozeman, owner of the utility, hereinafter called the "OWNER".
WITNESSETH:
WHEREAS, the STATE proposes to construct a public highway to be known as CM-STPU
1201(9) [4918] in Gallatin County, State of Montana, and designated as Highway Froject S 19`h &
College -Bozeman, as shown on plans submitted to OWNER, and
WHEREAS, that public highway is to be constructed over and near the present highway
right-of--way known as Urban Route 1201, where certain water & sanitary sewer facilities under the
jurisdiction of OWNER are in conflict with the construction of the public highway, as shown by
"Exhibit A", and
WHEREAS, STATE and OWNER agree that it is necessary and in the public interest of all
parties that some of the existing facilities be adjusted, repaired, replaced and relocated, and
WHEREAS, STATE and OWNER agree that the construction of the public highway and all
of the work, including adjustment, replacement, repair and relocation of certain existing water &
sanitary sewer facilities, be included in the contract entered into by STATE and a private contractor,
and that the manner of performing the construction referred to in this Agreement is in the best
interest of the STATE and OWNER.
NOW THEREFORE, in consideration of the mutual obligations contained herein, STATE
and OWNER agree that:
1. STATE will let a project for the construction of the public highway, including the
work covered in this Agreement, as shown by "Exhibit A."
2. Pursuant to the authority granted to OWNER by the laws of Montana, OWNER
ProjectNo.CM-STPU 12p1(9) I/C
grants to STATE the authority to adjust, replace, repair and relocate those facilities under the
jurisdiction of OWNER which presently occupy part of the proposed right-of--way.
3. All construction performed pursuant to this Agreement shall be done in accordance
with the then-current Standard Specifications for Raad and Bridge Construction, Montana Public
Works Standard Specifications, and the Plans, Specifications and Special Provisions of the
construction or improvements for the project prepared by OWNER, all of which are by this
reference incozporated and made a part of this Agreement.
4. The adjustments to the facilities referred to in this Agreement cover only that segment
of the water & sanitary sewer system of OWNER directly affected by the construction of the
highway and STATE and OWNER will determine which adjustments to facilities of OWNER are
necessary; and the STATE shall, in accordance with the plans, construct the most economical type
of facilities in the new location that will meet the same service requirements of the old facilities in
the old location.
5. The STATE will stake and inspect the installation of the new water line. The
S1"AYE'S contractor will chlorinate and pressure test the new water line. The OWNER will pay
the STATE for the actual cost of work accomplished on the OWNER'S line based on contract bid
prices. An additional 8% will be applied to the billing of construction costs to cover the cost of
Traffic Control and an additional 8% to cover the cost of Mobilization.
Section 17-1-106. MCA, requires any state agency, including the STATE, that receives nan-
general funds to identify and recover its indirect costs. These costs are in addition to direct project
costs. STATE's indirect cost rate is determined annually as a percentage of the project's direct
costs to cover the project's share of STATE's indirect costs as defined by OMB Circular A-87.
STATE's indirect cost rate is 12.25% far fiscal year 2008 (July 1, 2007 to June 30, 2008).
For this project, STATE billings to the OWNER will include a charge far the indirect costs
2
Prpject No. CM-STPU 1201(9) I/C
at the current fiscal year indirect cost rate, which amount will be applied toward the total project
contribution of the OWNER. [Note: If this project extends across more than one fiscal year, more
than one annual rate will be involved, as the rates may change during the life of the project.]
6. The total estimated cost of the adjustments at this time is $194,334.53. Proportionate
participation is: STATE $145,750.90 (75%); and OWNER $48,583.63 (25%), plus $13,320.00
(100%) city betterrraent, plus $4,952.29 (8%) charge for Traffic Control and $4,952.29 (8%) for
Mobilization, and an additional $8,796.51 (12.25%) charge for Indirect Cost (IDC). The total
estimated cast to OWNER is $80,604.72. The total project costs are $226,355.62. Copies of a cost
estimate and plans indicating facility adjustments are hereby attached as "Exhibit A" and made a
part of this Agreement. The STATE's obligation under this Agreement shall be in accordance with
all applicable State and Federal laws in existence on the date of execution of this Agreement.
7. By state statute, STATE will not reimburse OWNER far engineering costs for
designing, locating, staking, inspecting or any other incidental costs for engineering.
8. The adjustments agreed to in Item No. 6 above are based on the STATE paying 75%
of relocation costs, excepting betterments, if any, where facilities occupy public road or street
rights-of--way. The OWNER will be billed in advance for its portion of the estimated total costs of
the project no more than sixty (60) days before bid opening. Although the anticipated expenses will
have been discussed with OWNER representatives before that time, the STATE will provide a
detailed breakdown of all estimated costs with the billing.
The OWNER will submit payment to the STATE within thirty (30) days of billing. The
STATE will not proceed fiu-ther with the project's development if payment is not made within (30)
days of billing. If the federal government requires a reimbursement or return of any federal funds
because a project doesn't advance due to OWNER's failure to make any scheduled payment, the
OWNER agrees that it will reimburse the STATE for those federal funds within thirty (30) days of
3
Project Na. CM-STPU 1201(9) I/C
billing.
If, after initial payment is made, bid opening or contract award by the STATE is delayed or
postponed by 30 days ar more, or canceled for any reason, the STATE agrees to immediately refund
the OWNER's initial payment upon the OWNER's request. If the OWNER's share of the cost of
the awarded project exceeds the amount paid by the OWNER, the OWNER will pay the excess.
~'he contact for billing, accounting and change order questions for the OWNER shall be:
City of Bozeman
Attn: Debbie Arkell
PO Bax 1230
411 E Main Street
Bozeman MT 5959771-1230
Within six (b) months after the project has been finally accepted with the final costs
submitted, the STATE will submit a final statement to the OWNER. The final statement will
provide details of any expenses that may be identified as "miscellaneous". The final statement will
include a refund of unspent portions of the OWNER's initial payment, payable to the OWNER in
an amount equaling the difference between that payment and the OWNER's share of the final costs.
If the final statement exceeds the OWNER's payments thus far, the OWNER will remit to the
STATE within thirty (30) days of the final statement the difference between OWNER's share of
final costs and OWNER's earlier payment. If payment is not made within that 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. If the OWNER is billed far additional funds, STATE will not participate in any
future funding agreements with the OWNER until full payment, including interest, is received from
the OWNER.
Payments to this project will be coordinated through the STATE's Administration
Division (to be directed to MDT's Accounts Receivable Collections Technician and Accounting
Systems Operations Supervisor). Payments to this project will be provided to the above STATE
4
Project No. CM-STPU 1201(9) I/C
staff in the form of a check to be credited to this project.
9. The award of the contract including the highway construction and OWNER water
line relocation will be based an the successful bidder of the combined contract, as determined and
accepted by STATE.
10. OWNER agrees to cooperate fully with the STATE in all aspects of the work
contemplated by this Agreement.
11. OWNER acknowledges that it has reviewed the plans for the proposed construction
of the facilities covered by this Agreement.
12. STATE and OWNER agree that when the construction encompassed by this
Agreement is completed and accepted by STATE and concurred in by OWNER all responsibility of
STATE ceases.
13. Records of the OWNER pertaining to this project will be subject to inspection at any
time by representatives of the STATE, including the legislative auditor and fiscal analyst, and the
Federal Highway Administration. Project retards must be retained for a period of not less than
three years from the date of final payment.
14. Inspection far all phases of work on OWNER'S facility will be provided by
OWNER. Contact, questions, or discussions about contractor work will be directed to the
STATE's Project Manager. No direct contact shall occur between OWNER and Contractor.
15. This Agreement is subject to the terms and provisions of Volume 23 Code of Federal
Regulations, Part 645, Subpart A and B, and subsequent amendments, Title 48 Code of Federal
Regulations in existence on the date of execution of this Agreement. The Code of Federal
Regulations are hereby incorporated in and made a part of this Agreement by reference to the extent
that is applicable to this Agreement and not inconsistent therewith.
5
Projcct No. CM-STPU 1201(9) I/C
16. NONDISCRIMINATION
If the OWNER enters into a contract or agreement with a contractor to perform any of the
work which the OWNER is required to perform under the terms of this agreement, the OWNER,
for itself, its assigns, and successors in interest, agrees that it will not discriminate in the choice of
contractors and will include all the nondiscrimination provisions set forth in Exhibit "B" attached
hereto and made a part hereof, in any such contract or agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day
and year first above written.
It is understood that the OWNER is responsible for obtaining any permits required for
adjustment of its facility.
City of Bozeman ~er
WFS:sg
STATE OF MONTANA
DEPARTMENT OF TRANSPORTATION
Authorized Signature
Approved fo al nt nt
MDT Legal Servt
6
Project No. CM-STPU 1201(9) 1/C
EXHIBIT "B"
NONDISCRIMINATION NOTICE
During the performance of this Agreement, Cit of Bozeman (hereafter in this Section "the
Party"), 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) Campliance_with Regulations: The Party shall comply with all Regulations
relative to nondiscrimination in Federally-assisted programs of the Department of
Transportation, 49 Code of Federal Regulations (CPR), Part 2i, 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: The Party, 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. The Party 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 Party for work to be performed under a subcontract, including procurement of
materials or leases of equipment, and potential subcontractor or supplier shall be
notified by the Party of the Party's obligations under this Agreement and the
Regulations relative to nondiscrimination.
(4) Information and Reports: The Party will provide all reports and information
required by the Regulations, or directives 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
(FHWA) to be pertinent to ascertain compliance with Regulations or directives.
Where any information required of the Party is in the exclusive possession of
another who fails or refuses to furnish this information, the Forty shall so certify
to the Department or the FHWA as requested, setting forth what efforts it has
made to obtain the information.
(5) Sanctions for Noncom liance: In the event of the Party's noncompliance with the
nondiscrimination provisions of this Agreement, State may impose sanctions as it
or the FHWA determines appropriate, including, but not limited to,
(a) Withholding payments to the Party under the Agreement until the Forty
complies, and/or
(b) Cancellation, termination or suspension of the Agreement, in whole or in
part.
(6) Incorporation of Provisions: The Party 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
Revised November 17. 2pOS
ProjectNp.CM-STPU1201(9) I/C
pursuant thereto. The Party will take such action with respect to any subcontract
or procurement as the State or the FHWA may direct to enforce such provisions
including sanctions for noncompliance: Provided, however, that in the event the
Party is sued or is threatened with litigation by a subcontractor or supplier as a
result of such direction, the Party may request the State to enter into the litigation
to protect the interests of the State, and, in addition, the Party 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 Party agrees that for this Agreement all hiring
will be made an 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) The Party will comply with all regulations relative to implementation of the
AMERICANS WITH DISABILITIES ACT.
(2) The Party will incorporate or communicate the intent of the following statement in
all publications, announcements, video recordings, course offerings or other
program outputs: "The Party 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 Party. In the case of documents,
recordings or verbal presentations, alternative accessible formats will be
provided. For further information call the Party."
(3) All video recordings produced and created under contract andJor 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 Party (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The Party, subrecipient or subcontractor shall not discriminate on the basis of race,
color, national origin, or seer in the performance of this contract. The Party shall
carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted contracts. Failure by the Party 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
Revised November 17, 2005
RO VJ\I~ orals\lJil\904
Summary of Costs
for
City of Bozeman
water and Sewer adjustmnets
Subject CM-STPU 1201(9) UC
S 19`" & College -Bozeman
Control No. 491 S
Revised: '/200(
A Pl'~~.! .>~'ED
__ .~..
OK FOR
OK FOR SIGNATURE E
SIG URl
Item No. Quantities Description Unit Unit Cost Total Unit Cost
Summary of 75% State $~ 25%City of Bozeman Costs
601010190 13 Water Service - Co er 19mm M $250.00 3 250.00
601010510 36 Water Service - Co er 50mm M $450.00 16 200.00
01060190 1 u ox - mm EA 0 25
6010 2 u ox - mm EA 650.00 1 0.00
1100100 135 Insulation
~ M2 2 3 811.05
62141 00
621411000
1 Ad
ust Water ervice Line
Ad'ust urb to & Box
EA 00.0
240.00 1 0
240.0
601300100 4 Install Fire H drant EA $1 700.00 $6 800.00
601 7 onne xi 'n W r in EA 2 445. 17 20.95
1 0 771 uc i e ron i m s K 2 1657.
603711510 14 Ductile Iron Pie 150mm CL 51 M 205.00 2 87 .00
603712510 4 Ductile Iron Pi a 25Dmm CL 51 M 220.00 880.00
603713510 357 Ductile Iron Pie 50mm CL 51 M 240,00 5 680.00
603901500 1 150mm Gate Va ve EA 1 500.00 1500.00
4 350mm Gate Valve EA 2 500.00 $10000.00
621 7 4 emove ire ran
' EA 835.0 0.00
6 1412000 3 Ad
ust Valve Box
~ 6.39 97 17
6214 00 2 Ad
ust Manhole - Sanita EA 557.9 1 114.1
621410010 1 Ad'ust Water main EA $5 000.00 $5 000.00
604011200 1 Manhole 1200MM T 1 EA $2 133.78 2 133.78
621010000 1 Remove Manhole E<A 500.00 500.00
0 21 ani ar mm M 2 146.
0 2 Connect to Existin Sanitar Line EA 1 4 2961 6
Subtotal of 75%-25% Costs $194,334.53
Summa of 100%Cit of Bozeman Betterment Costs
603711510 12 Ductile Iron Pi e - 150mm CL 51 M 205.00 246 .00
603712 10 5 Ductile Iron Pi e - 25Dmm CL 51 M 220.00 1 100.00
603713510 9 Ductile Iron Pi e - 350mm CL 51 M $240.00 2 160.00
6039015 0 2 150mm Gate Valve EA 1 500.00 $3 OOO.OD
603902512 1 250mm Gate Valve EA $2 1 DO.OD 2 100.00
1 mm a e a ve EA 2 5 .
Subtotal of 100% City Betterment Costs $13,320.00
MDT Cost Share 75% $194,334.53 X .75 = $145,750.90 $145,750.90
Utilt Cost Share 25% $194,334.53 X .25 = $48,583.63 $48,583.63
100% Cit Costs +25% City Costs $48,583.63 + $13,820.00 = $61,903.63 $61 903.63
Utili Mobilization 8% $61,903.63 X .08 = $4,952.29 $4 95229
Utili Traffic Control 8% $61,903.63 X .pg . $4,952.29 $4 95229
MDT TOTAL COST
$145 750.90
UTILITY SUB TOTAL $61,903.63 + $4,952.29 + $4,852.29 = $71,808.21 $71 80821
IDC 12.25% $71,808.21 X 12,25% _ $8,796.51 $8 796.51
UTILITY TOTAL COST $71,808.21 + $8,786.51 = $80,604.72 $i30 604.72
Total $226,355.62
~ wi a supp ie to t_e contractor b the Cit of Bozeman as n
1 _ ° ,,,. ° Y, Y eed ed.
ote: The Ad~ust Service is m the 75 /o / 2
. __ 5,/o split because-the City ownes to the meter. - ,_,__
s~aef EXHIBIT A
STATE OF MONTANA
DEPARTMENT OF TRANSPORTATION
UTILITIES AGREEMENT
"This Agreement is entered into this ~a day of M'0:y , 2008 between the State of Montana,
acting through its Department of Transportatian, hereinafter called the "STATE", and the City of
Bozeman, owner of the utility, hereinafter called the "OWNER".
WITNESSETH:
WHEREAS, the STATE proposes to construct a public highway to be known as CM-STPU
1201(9) [4918] in Gallatin County, State of Montana, and designated as Highway Project S 19~' &
College -Bozeman, as shawn on plans submitted to OWNER, and
WHEREAS, that public highway is to be constructed over and near the present highway
right-of=way known as Urban Route 1201, where certain water & sanitary sewer facilities under the
jurisdiction of OWNER are in conflict with the construction of the public highway, as shown by
"Exhibit A", and
WHEREAS, STATE and OWNER agree that it is necessary and in the public interest of all
parties that some of the existing facilities be adjusted, repaired, replaced and relocated, and
WHEREAS, STATE and OWNER agree that the construction of the public highway and all
of the work, including adjustment, replacement, repair and relocation of certain existing water &
sanitary sewer facilities, be included in the contract entered into by S"PATE and a private contractor,
and that the manner of performing the construction referred to in this Agreement is in the best
interest of the STATE and OWNER.
NOW THEREFORE, in consideration of the mutual obligations contained herein, STATE
and OWNER agree that:
1. STATE will let a project for the construction of the public highway, including the
work covered in this Agreement, as shown by "Exhibit A."
2. Pursuant to the authority granted to OWNER by the laws of Montana, OWNER
Project No. CM-STPU 1201(9) I/C
grants to STATE the authority to adjust, replace, repair and relocate those facilities under the
jurisdiction of OWNER which presently occupy part of the proposed right-of--way.
3. All construction performed pursuant to this Agreement shall be done in accordance
with the then-current Standard Specifications for Road and Bridge Construction, Montana Public
Works Standard Specifications, and the Plans, Specifications and Special Provisions of the
construction or improvements for the project prepared by OWNER, all of which are by this
reference incorporated and made a part of this Agreement.
4. The adjustments to the facilities referred to in this Agreement cover only that segment
of the water & sanitary sewer system of OWNER directly affected by the construction of the
highway and STATE and OWNER will determine which adjustments to facilities of OWNER are
necessary; and the STATE shall, in accordance with the plans, construct the most economical type
of facilities in the new location that will meet the same service requirements of the old facilities in
the old location.
5. The STATE will stake and inspect the installation of the new water line. The
STATE'S contractor will chlorinate and pressure test the new water line. The OWNER will pay
the STATE for the actual cost of work accomplished on the OWNER'S line based an contract bid
prices. An additional 8% will be applied to the billing of construction costs to cover the cast of
Traffic Control and an additional 8% to cover the cost of Mobilization.
Section 17-1-106. MCA, requires any state agency, including the STATE, that receives non-
general funds to identify and recover its indirect casts. These costs are in addition to direct project
costs. STATE's indirect cost rate is determined annually as a percentage of the project's direct
costs to cover the project's share of STATE's indirect costs as defined by OMB Circular A-87.
STATE's indirect cost rate is 12.25% far fiscal year 2008 (July 1, 2007 to June 30, 2008).
For this project, STATE billings to the OWNER will include a charge for the indirect costs
2
Project No. CM-STPU 1201(9) I/C
at the current fiscal year indirect cost rate, which amount will be applied toward the total project
contribution of the OWNER. [Note: If this project extends across more than one fiscal year, more
than one annual rate will be involved, as the rates may change during the life of the project.]
6. The total estimated cost afthe adjustments at this time is $194,334.53. Proportionate
participation is: STATE $145,750.90 (75%); and OWNER $48,583.63 (25%), plus $13,320.00
(100%) city betterment, plus $4,952.29 (8%) charge for Traffic Control and $4,952.29 (8%) for
Mobilization, and an additional $8,796.51 (12.25%) charge for Indirect Cost (IDC). The total
estimated cost to OWNER is $80,604.72. The total project costs are $226,355.62. Copies of a cost
estimate and plans indicating facility adjustments are hereby attached as "Exhibit A" and made a
part of this Agreement. The STATE's obligation under this Agreement shall be in accordance with
all applicable State and Federal laws in existence on the date of execution of this Agreement.
7. By state statute, STATE will not reimburse OWNER for engineering costs for
designing, locating, staking, inspecting ar any other incidental costs for engineering.
8. The adjustments agreed to in Item No. 6 above are based an the STATE paying 75%
of relocation costs, excepting betterments, if any, where facilities occupy public road or street
rights-of--way. The OWNER will be billed in advance far its portion of the estimated total costs of
the project no more than sixty (60) days before bid opening. Although the anticipated expenses will
have been discussed with OWNER representatives before that time, the STATE will provide a
detailed breakdown of all estimated costs with the billing.
The OWNER will submit payment to the STATE within thirty (30) days of billing. The
STATE will not proceed further with the project's development if payment is not made within (30)
days of billing. If the federal government requires a reimbursement or return of any federal funds
because a project doesn't advance due to OWNER's failure to make any scheduled payment, the
OWNER agrees that it will reimburse the STATE for those federal funds within thirty (30) days of
3
Project No. CM-STPll 1201(9) I/C
billing.
If, after initial payment is made, bid opening or contract award by the STATE is delayed or
postponed by 30 days or more, or canceled for any reason, the STATE agrees to immediately refund
the OWNER's initial payment upon the OWNER's request. If the OWNER's share of the cost of
the awarded project exceeds the amount paid by the OWNER, the OWNER will pay the excess.
The contact for billing, accounting and change order questions for the OWNER shall be:
City of Bozeman
Attn: Debbie Arkell
PO Box 1230
411 E Main Street
Bozeman MT S9S9771-1230
Within six (6) months after the project has been finally accepted with the final costs
submitted, the STATE will submit a final statement to the OWNER. The final statement will
provide details of any expenses that may be identified as "miscellaneous". The final statement will
include a refund of unspent portions of the OWNER's initial payment, payable to the OWNER in
an amount equaling the difference between that payment and the OWNER's share of the final costs.
If the final statement exceeds the OWNER's payments thus far, the OWNER will remit to the
STATE within thirty (30) days of the final statement the difference between OWNER's share of
final costs and OWNER's earlier payment. If payment is not made within that 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. If the OWNER is billed for additional funds, STA"I'E will not participate in any
future funding agreements with the OWNER until full payment, including interest, is received from
the OWNER.
Payments to this project will be coordinated through the STATE's Administration
Division (to be directed to MDT's Accounts Receivable Collections Technician and Accounting
Systems Operations Supervisor). Payments to this project will be provided to the above STATE
4
Project No. CM-STPU 1201(9) I/C
staff in the form of a check to be credited to this project.
9. The award of the contract including the highway construction and OWNER water
line relocation will be based on the successful bidder of the combined contract, as determined and
accepted by STATE.
10. OWNER agrees to cooperate fully with the STATE in all aspects of the work
contemplated by this Agreement.
11. OWNER acknowledges that it has reviewed the plans for the proposed. construction
of the facilities covered by this Agreement.
12. STATE and OWNER agree that when the construction encompassed by this
Agreement is completed and accepted by STATE and concurred in by OWNER all responsibility of
STATE ceases.
13. Records of the OWNER pertaining to this project will be subject to inspection at any
time by representatives of the STATE, including the legislative auditor and fiscal analyst, and the
Federal Highway Administration. Project records must be retained for a period of not less than
three years from the date of Enal payment.
14. Inspection for all phases of work on OWNER'S facility will be provided by
OWNER. Contact, questions, or discussions about contractor work will be directed to the
STATE's Project Manager. No direct contact shall occur between OWNER and Contractor.
15. This Agreement is subject to the terms and provisions of Volume 23 Code of Federal
Regulations, Fart G45, Subpart A and B, and subsequent amendments, Title 48 Code of Federal
Regulations in existence on the date of execution of this Agreement. The Code of Federal
Regulations are hereby incorporated in and made a part of this Agreement by reference to the extent
that is applicable to this Agreement and not inconsistent therewith.
5
ProjectNo.CM-S'CPU 1201(9) I/C
16. NONDISCRIMINATION
If the OWNER enters into a contract or agreement with a contractor to perform any of the
work which the OWNER is required to perform under the terms of this agreement, the OWNER,
for itself, its assigns, and successors in interest, agrees that it will not discriminate in the choice of
contractors and will include all the nondiscrimination provisions set forth in Exhibit "B" attached
hereto and made a part hereof, in any such contract or agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day
and year first above written.
It is understood that the OWNER is responsible for obtaining any permits required for
adjustment of its facility.
City of Bozeman h'~ptc~er
-~-
WFS:sg
STATE OF MONTANA
DEPARTMENT OF TRANSPORTATION
Authorized Signature
A for g onte
MDT Legal Serve s
Project No. CM-STPU 1201(9) I/C
EXHIBIT "B"
NONDISCRIMINATION NOTICE
During the performance of this Agreement, City of Bozeman (hereafter in this Section "the
Party"), 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 Regulations: The Forty 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: The Party, 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. The Party 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 Party 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 Party of the Forty's obligations under this Agreement and the
Regulations relative to nondiscrimination.
(4) Information _and ReRorts: The Party will provide all reports and information
required by the Regulations, or directives issued pursuant thereto, and permit
access to its books, records, accounts, other sources of information and its
facilities as may be deternnined by State or the Federal Highway Administration
(FHWA) to be pertinent to ascertain compliance with Regulations or directives.
Where any information required of the Party is in the exclusive possession of
another who fails or refuses to furnish this information, the Party shall so certify
to the Department or the FHWA as requested, setting forth what efforts it has
made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the Forty's noncompliance with the
nondiscrimination provisions of this Agreement, State may impose sanctions as it
or the FHWA determines appropriate, including, but not limited to,
(a) Withholding payments to the Forty under the Agreement until the Forty
complies, and/or
(b) Cancellation, termination or suspension of the Agreement, in whole or in
part.
(6) Incorporation of Provisions: The Party will include the provisions of paragraphs
(1) through (6) in every subcontract, including procurement ofmaterials and
leases of equipment, unless exempt by the Regulations or directives issued
Revised November 17, 2005
Project No. CM-STPU 1201(9) i/C
pursuant thereto. The Party will take such action with respect to any subcontract
or procurement as the State or the FHWA may direct to enforce such provisions
including sanctions for noncompliance: Provided, however, that in the event the
Party is sued or is threatened with litigation by a subcontractor or supplier as a
result of such direction, the Forty may request the State to enter into the litigation
to protect the interests of the State, and, in addition, the Party 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. 49-3-2Q7, MCA
In accordance with Section 49-3-207, MCA, the Party 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) The Party will comply with all regulations relative to implementation of the
AMERICANS WITH DISABILITIES ACT.
(2) The Party will incorporate or communicate the intent of the following statement in
all publications, announcements, video recordings, course offerings or other
program outputs: "The Party will provide reasonable accommodations for
any known disability that nay interfere with a person in participating in any
service, program or activity offered by the Party. In the case of documents,
recordings or verbal presentations, alternative accessible formats will be
provided. For further information call the Party,"
(3) 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 Party (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The Party, subrecipient or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The Party shall
carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted contracts. Failure by the Party 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
Revised November 17, 2005
ROW\I'orms\lJt1\904
Summary of Costs
for
City of Bozeman
water and Sewer adjustmnets
Subject CM-STPU 1201(9) 1/C
S 19~' & College -Bozeman
Control No. 491 S
Revised: i/?.006
t1PPRUVFI~
l~ATF~ y - 29 • ~ to
SIGNP~TI THE
OK FOR OK FOR -~
SIGNfjTURF SIGN~TURF
c.~.,.
Item Na. Quantities Description Unit Unit Cast Total Unit Cost
Summary of 75% State & 25% CRy of Bozeman Costs
601010190 13 Water Service - Co er 19mm M $250.00 3 250.00
601010510 36 Water Service - Co er 50mm M $450.00 16 200.00
6 106 1 u ox - mm 2 250.00
0106 500 2 u ox - mm EA .00 1 300.0
11 0100 135 Insulation
j M2 28.23 3 811.05
621410000 1 Ad
ust Water Service Line EA 1 600.0 1 0.00
621411000 1 Adjust Curb Sto & Box F~q 40.00 240.00
601300100 4 Install Fire H drant EA 1 700.00 6 800.00
60150 7 Conne to Exi Water M in 2 17 120.
771 uc i e ron i in s KG 28.09 21 7 9
603711510 14 Ductile Iron Pie 150mm CL 51 M 20 .00 2 870.0
60 712 10 4 Ductile Iron Pi a 250mm CL 51 M 220.00 880.
603713510 357 Ductile Iron Pi a 350mm CL 51 M $40.00 $85 680.00
603901500 1 150mm Gate Valve EA 1 500.00 1500.00
4 350mm Gate Valve FA $2 500.00 10000.00
621 000 4 emove ire ran EA 835.00 3 .00
621412000 3 Adjust Valve Box EA 326.39 7 .17
21430D0 2 Adjust Manhole - Sanita EA 7.09 1 114.1
621410010 1 Adjust Water main EA 5 000.00 $5 000.00
604011200 1 Manhole 1200MM 1 EA 2 133.78 2 133.78
621010000 1 Remove anhole EA 500.00 500.00
0 10200 1 ani ar mm 2 5 5 146.
2 onnect to Existin Sanitar Line 0.98 2 1.
Subtotal of 75%-25% Costs $194,334.53
Summa of 100%Cit of Bozeman Betterment Casts
371151 D 12 Ductile Iron Pi e - 150mm CL 51 M 20 .00 2460.00
71251 5 Ductile Iron Pi e - 250mm CL 51 M 2 0.00 1 100.
603713510 9 Ductile Iron Pi e - 350mm CL 51 M 240.00 $2 160.00
603901500 2 150mm Gate Valve 1 5 .00 3000.00
603902512 1 250mm Gate Valve EA 2 100.00 $2 100.00
1 mm a e a ve EA 2 5 0.0
Subtotal of 100%City Betterment Costs $13,320.00
MDT Cost Share 75% $194,334.53 X .75 = $145,750.90 $145,750.90
Utilty Cost Share 25% $194,334.53 X .25 = $48,583.63 $48,583.63
100% City Costs +25% Ci Costs $48,583.63 + $13,320.00 = $61,9D3.63 $61 903.63
Utili Mobilization 8% $61,903.63 X .08 = $4,952.29 $4 95229
Utili Traffic Control 8% $61,903.63 X .08 = $4,952.29 $4 952.29
MDT TOTAL CAST $145,750.90
UTILITY SUB TOTAL $61,903.63 + $4,952.29 + $4,952.29 = $71,808.21 $71 80821
IDC 12.25% $71,808.21 X 12,25% _ $8,796.51 $$ 796.51
UTILITY TOTAL COST $71,808.21 + $8,796.51 = $80,604.72 $80 604.72
Total $226,355,62
Note: Fire Hydrants will be supplied to the contractor by the City of Bozeman as needed.
The Adjust Service is in the 75% / 25% split because the Cit ownes to the m t ~~~~
e e r.
--
sGaer EXH I B I T A ..__.,. ..._.... ._ _,..-
--- Montana D~artment of Transportation Jim Lyncn, director
~ewxyyno.vornprire 2701 Prospect Avenue Brian Schweitzer, Governor
PO Box 201001
Helena MT 59620-1001
Apri123, 2008
City of Bozeman
Attn: Debbie Arkell
PO BOX 1230
411 E. Main Street
Bozeman MT 59771-1230
Subject: STPU 1201(14) I/C
Babcock to Kagy -Bozeman
Control No. 4952
~l
Attached are two originals of our utility agreement covering the changes of your water and
sanitary sewer facilities as required on subject project.
Please have both originals properly completed, signed and returned to this office for further
handling.
If you should have any questions, please call Steve Giard at (406) 444-6077.
l~
Walt Scott
Supervisor-Utility Section
WS:sg
Attachments
Copies Don Reidelbach -Engineering Contract Specialist -Utilities Section -Helena
Utilities Section, Right o/Way Bureau An Bqual Opportunity Employer Engineering Division
Phone: (406) 444-6081 TTY (800) 33.5-7592
Fax: (406) 444-6091 Web Page www.mdt.state.mt.us
STATE OF MONTANA
DEPARTMENT OF TRANSPORTATION
UTILITIES AGREEMENT
This Agreement is entered into this ~ a day of M`!y , 2008 between the State of Montana,
acting through its Department of Transportation, hereinafter called the "STATE", and the
City of Bozeman, owner of the utility, hereinafter called the "OWNER".
WITNESSETH:
WHEREAS, the STATE proposes to construct a public highway to be known as STPU
1201(14) [4952] in Gallatin County, State of Montana, and designated as Highway Project
Babcock to Kagy -Bozeman, as shown on plans submitted to OWNER, and
WHEREAS, that public highway is to be constructed aver and near the present highway
right-of--way known as U1201, where certain water and sanitary sewer facilities under the
jurisdiction of OWNER are in conflict with the construction of the public highway, as shown by
"Exhibit A", and
WHEREAS, STATE and OWNER agree that it is necessary and in the public interest of all
parties that some of the existing facilities be adjusted, repaired, replaced and relocated, and
WHEREAS, STATE and OWNER agree that the construction of the public highway and all
of the work, including adjustment, replacement, repair and relocation of certain existing water and
sanitary sewer facilities, be included in the contract entered into by STATE and a private contractor,
and that the manner of performing the construction referred to in this Agreement is in the best
interest of the STATE and OWNER.
NOW THEREFORE, in consideration of the mutual obligations contained herein, STATE
and OWNER agree that:
1. STATE will let a project far the construction of the public highway, including the
work covered in this Agreement, as shown by "Exhibit A."
2. Pursuant to the authority granted to OWNER by the laws of Montana, OWNER
grants to STATE the authority to adjust, replace, repair and relocate those Facilities under the
jurisdiction of OWNER which presently occupy part of the proposed right-of--way.
3. All constructian performed pursuant to this Agreement shall be done in accordance
with the then-current Standard Specifications for Road and Bridge Construction, Montana Public
Works Standard Specifications, and the Plans, Specifications and Special Provisions of the
construction or improvements for the project prepared by OWNER, all of which are by this
reference incorporated and made a part of this Agreement.
4. The adjustments to the facilities referred to in this Agreement cover only that segment
of the water and sanitary sewer system of OWNER directly affected by the construction of the
highway and STATE and OWNER will determine which adjustments to facilities of OWNER are
necessary; and the STATE shall, in accordance with the plans, construct the most economical type
of facilities in the new location that will meet the same service requirements of the old facilities in
the old location.
S. The STATE will stake and inspect the installation of the new water line. The
STATE'S contractor will chlorinate and pressure test the new water line. The OWNER will pay
the STATE far the actual cost of work accomplished on the OWNER'S line based on contract bid
prices. An additional 8% will be applied to the billing of construction costs to cover the cost of
Traffic Control and an additional 8% to cover the cost of Mobilization.
Section 17-1-106. MCA, requires any state agency, including the STATE, that receives non-
general funds to identify and recover its indirect casts. These casts are in addition to direct project
costs. STATE's indirect cost rate is determined annually as a percentage of the project's direct
costs to cover the project's share of STATE's indirect costs as defined by OMB Circular A-87.
STATE's indirect cost rate is 12.25% for fiscal year 2008 (July 1, 2007 to June 30, 2008).
Far this project, STATE billings to the OWNER will include a charge for the indirect costs
at the current fiscal year indirect cost rate, which amount will be applied toward the total project
contribution of the OWNER. []Vote: If this project extends across chore than one fiscal year, more
than one annual rate will be involved, as the rates may change during the life of the project.]
6. The total estimated cast of the adjustments at this time is $80,089.88. Proportionate
participation is: STATE $60,067.41 (75%); and OWNER $20,022.47 (25%), plus $1,601.80 ($%)
charge far Traffic Control and $1,601.80 (8%) far Mobilization, and an additional $2,845.19
(12.25%) charge for Indirect Cast (1DC). The total estimated cost to OWNER is $26,071.26. The
total project costs are $86,138.67 Copies of a cost estimate and plans indicating facility adjustments
are hereby attached as "Exhibit A" and made a part of this Agreement. The STATE's obligation
under this Agreement shall be in accordance with all applicable State and Federal laws in existence
on the date of execution of this Agreement.
7. By state statute, STATE will not reimburse OWNER for engineering costs for
designing, locating, staking, inspecting or any other incidental costs fox engineering.
8. The adjustments agreed to in Item No. 6 above are based on the STATE paying 75%
of relocation costs, excepting betterments, if any, where facilities occupy public road or street
rights-of--way. The OWNER will be billed in advance far its portion of the estimated total costs of
the project no more than sixty (60) days before bid opening. Although the anticipated expenses will
have been discussed with OWNER representatives before that time, the STATE will provide a
detailed breakdown of all estimated costs with the billing.
The OWNER will submit payment to the STATE within thirty (30) days of billing. The
STATE will not proceed further with the project's development if payment is not made within (30)
days of billing. If the federal government requires a reimbursement or return of any federal funds
because a project doesn't advance due to OWNER's failure to make any scheduled payment, the
OWNER agrees that it will reimburse the STATE for those federal funds within thirty (30) days of
billing.
If, after initial payment is made, bid opening ar contract award by the STATE is delayed or
postponed by 30 days or mare, or canceled for any reason, the STATE agrees to immediately refund
the OWNER's initial payment upon the OWNER's request. If the OWNER's share of the cost of
the awarded project exceeds the amount paid by the OWNER, the OWNER will pay the excess.
The contact for billing, accounting and change order questions for the OWNER shall be:
City of Bozeman
Attn: Debbie Arkell
PO Box 1230
411 E. Main Street
Bozeman MT 59771-1230
Within six (6) months after the project has been finally accepted with the final costs
submitted, the STATE will submit a final statement to the OWNER. The final statement will
provide details of any expenses that may be identified as "miscellaneous". The final statement will
include a refund of unspent portions of the OWNER's initial payment, payable to the OWNER in
an amount equaling the difference between that payment and the OWNER's share of the final costs.
If the final statement exceeds the OWNER's payments thus far, the OWNER will remit to the
STATE within thirty (30) days of the final statement the difference between OWNER's share of
final casts and OWNER's earlier payment. If payment is not made within that 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. If the OWNER is billed for additional funds, STATE will not participate in any
future funding agreements with the OWNER until full payment, including interest, is received from
the OWNER.
Payments to this praject will be coordinated through the STATE's Administration
Division (to be directed to MDT's Accounts Receivable Collections Technician and Accounting
Systems Operations Supervisor). Payments to this project will be provided to the above STATE
staff in the form of a check to be credited to this praject.
9. The award of the contract including the highway construction and OWNER water
line relocation will be based on the successful bidder of the combined contract, as determined and
accepted by STATE.
10. OWNER agrees to cooperate fully with the STATE in all aspects of the work
contemplated by this Agreement.
11. OWNER acknowledges that it has reviewed the plans for the proposed construction
of the facilities covered by this Agreement.
12. STATE and OWNER agree that when. the construction encompassed by this
Agreement is completed and accepted. by STATE and concurred in by OWNER all responsibility of
STATE ceases.
13. Records of the OWNER pertaining to this project will be subject to inspection at any
time by representatives of the STATE, including the legislative auditor and fiscal analyst, and the
Federal Highway Administration. Project records must be retained for a period of not less than
three years from the date of final payment.
14. Inspection for all phases of work on OWNER'S facility will be provided by
OWNER. Contact, questions, or discussions about contractor work will be directed to the
STATE's Project Manager. No direct contact shall occur between OWNER and Contractor.
15. This Agreement is subject to the terms and provisions of Volume 23 Code of Federal
Regulations, Part 645, Subpart A and B, and subsequent amendments, 'l"itle 48 Code of Federal
Regulations in existence on the date of execution of this Agreement. The Code of Federal
Regulations are hereby incorporated in and made a part of this Agreement by reference to the extent
that is applicable to this Agreement and not inconsistent therewith.
16. NONDISCRIMINATION
If the OWNER enters into a contract or agreement with a contractor to perform any of the
work which the OWNER is required to perform under the terms of this agreement, the OWNER,
for itself, its assigns, and successors in interest, agrees that it will not discriminate in the choice of
contractors and will include all the nondiscrimination provisions set forth in Exhibit "B" attached
hereto and made a part hereof, in any such contract or agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day
and year first above written.
It is understood that the OWNER is responsible for obtaining any permits required for
adjustment of its facility.
City of Bozeman N1du~nV-
`\
1
STATE OF MONTANA
DEPARTMENT OF TRANSPORTATION
Authorized Signature
al ontent
gal S rv ce
WFS:sg
EXHIBIT "B"
NONDISCRIMINATION NOTICE
During the performance of this Agreement, Cit of Bozeman (hereafter in this Section "the
Party"), 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 Regulations: The Party shall comply with all Regulations
relative to nondiscriminatian 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: The Party, 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. The Party 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 Party 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 Party of the Party's obligations under this Agreement and the
Regulations relative to nondiscrimination.
(4) Information and Reports: The Party will provide all reports and information
required by the Regulations, or directives 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
(FHWA) to be pertinent to ascertain compliance with Regulations or directives.
Where any information required of the Party is in the exclusive possession of
another who fails or refuses to furnish this information, the Party shall so certify
to the Department or the FHWA as requested, setting forth what efforts it has
made to obtain the information.
(5) Sanctions for Noncom fiance: In the event of the Party's noncompliance with the
nondiscrimination provisions of this Agreement, State may impose sanctions as it
or the FHWA determines appropriate, including, but not limited to,
(a) Withholding payments to the Party under the Agreement until the Party
complies, and/or
(b) Cancellation, termination or suspension of the Agreement, in whale or in
part.
(6) _Incorporation of 1 rovisions: The Farty 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
Revised November 17.2005
pursuant thereto. The Forty will take such action with respect to any subcontract
or procurement as the State or the FHWA may direct to enforce such provisions
including sanctions for noncompliance: Provided, however, that in the event the
Party is sued or is threatened with litigation by a subcontractor or supplier as a
result of such direction, the Party may request the State to enter into the litigation
to protect the interests of the State, and, in addition, the Party 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 Party 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) The Party will comply with all regulations relative to implementation of the
AMERICANS WITH DISABILITIES ACT.
(2) The Party will incorporate or communicate the intent of the following statement in
all publications, announcements, video recordings, course offerings or other
program outputs: "The Party 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 Party. In the case of documents,
recordings or verbal presentations, alternative accessible formats will be
provided. For further information call the Party."
(3) 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 Party (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The Party, subrecipient ar subcontractor shall not discriminate on the basis of race,
color, national origin, ar sex in the performance of this contract. The Party shall
carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted contracts. Failure by the Party 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
Revised November 17.2005
R(7V/\Porn~~\Utl\904
Summary of Costs
for
City of Bozeman
Water and Sanitary Sewer
Subject STPU 1201(14) I/C
Babcock to Kagy -Bozeman
Control No. 4952
Item No. Quantities Description Unit Unit Cost Total Unit Cast
621412000 27 Adjust Valve Box FJJ~ $326.39 $8,812.53
621410200 6 Adjust Water Main F-A $5,000.00 $30,000.00
621411000 13 Adjust Curb Box Fro $326.39 $4,243.07
621230000 1 Reset Fire Hydrant FrA $1,699.77 $1,699.77
621070000 8 Remove Fire Hydrant EA $835.00 $6,680.00
601300100 8 Install Fire Wydrant EA $1,699.77 $13,598.16
621430000 15 Adjust Manhole -San. Sewer EA $577.09 $8,656.35
604190000 2 Modify Manhole FJ~ $3,200.00 $6,400.00
$0.00
$o.oa
$o.oo
$o.oo
Tot al $8 0,089.88
MDT Cost Share 75% $80,089.88 X .75 = $60,D67.41 $60,p67.41
Utilt Cost Share 25% $80,089.88 X .25 = $20,022.47 $20,022.47
Utili Mobilization 8% $20,022.47 X .08 = $1,601.80 $1 ,601.8C
Utili Traffic Control 8% $20,022.47 X .08 = $1,601.80 $1 ,601.8C
MI]T TOTAL COST $60,067.41
UTILITY SUB TOTAL $2p,p22.47 + $1,601.80 + $1,601.80 = $28,226,07 $23,226.07
IDC 12,25% $23,226.07 X 12.25% = $2,845.19 $2,845.19
UTILITY TOTAL C05T $23 226.07 + 2845.19 = $26 071.2fi __.... $26,071.26
Tots I $86,138.
Note: New Fire Hydrants will be supplied to the contractor by the City of Bozeman as needed.
SG: sef
Ar~uovED
o+c FoR olc ~oR DATE ~/ - z~~
sIGNaT~Rrw S'_ C'~~ EXH I B IT A „-~~~._._.,~.~.,~..
k .---.~- ~'r SZG11'~.'~`~TItE
STATE OF MONTANA
DEPARTMENT OF TRANSPORTATION
UTILITIES AGREEMENT
This Agreement is entered into this ~ ~ day of ~.,y , 200$ between the State of Montana,
acting through its Department of Transportation, hereinafter called the "STATE", and the
City of Bozeman, owner of the utility, hereinafter called the "OWNER.".
WITNESSETH:
WHEREAS, the STATE proposes to construct a public highway to be known as STPU
] 201(14) [4952} in Gallatin County, State of Montana, and designated as Highway Project
Babcock to Kagy -Bozeman, as shown on plans submitted to OWNER, and
WHEREAS, that public highway is to be constructed over and near the present highway
right-of--way known as U1201, where certain water and sanitary sewer facilities under the
jurisdiction of OWNER are in conflict with the construction of the public highway, as shown by
"Exhibit A", and
WHEREAS, STATE and OWNER agree that it is necessary and in the public interest of all
parties that some of the existing facilities be adjusted, repaired, replaced and relocated, and
WHEREAS, STATE and OWNER agree that the construction of the public highway and all
of the work, including adjustment, replacement, repair and relocation of certain existing water and
sanitary sewer facilities, be included in the contract entered into by STATE and a private contractor,
and that the manner of performing the construction referred to in this Agreement is in the best
interest of the STATE and OWNER.
NOW THEREFORE, in consideration of the mutual obligations contained herein, STATE
and OWNER agree that:
1. STATE will let a project far the construction of the public highway, including the
work covered in this Agreement, as shown by "Exhibit A."
2. Fursuant to the authority granted to OWNER by the laws of Montana, OWNER
grants to STATE the authority to adjust, replace, repair and relocate those facilities under the
jurisdiction of OWNER which presently occupy part of the proposed right-of--way.
3. All construction performed pursuant to this Agreement shall be done in accordance
with the then-current Standard Specifications for Road and Bridge Construction, Montana Public
Works Standard Specifications, and the Plans, Specifications and Special Provisions of the
construction or improvements for the project prepared by OWNER, all of which are by this
reference incorporated and made a part of this Agreement.
4. The adjustments to the facilities referred to in this Agreement cover only that segment
of the water and sanitary sewer system of OWNER directly affected by the construction of the
highway and STATE and OWNER will determine which adjustments to facilities of OWNER are
necessary; and the STATE shall, in accordance with the plans, construct the most economical type
of facilities in the new location that will meet the same service requirements of the old facilities in
the old location.
5. The STATE will stake and inspect the installation of the new water line. The
STATE'S contractor will chlorinate and pressure test the new water line. The OWNER will pay
the STATE for the actual cost of work accomplished on the OWNER'S line based on contract bid
prices. An additional 8% will be applied to the billing of construction costs to cover the cost of
Traffic Control and an additional $% to cover the cost of Mobilization.
Section 17-1-1 Ob. MCA, requires any state agency, including the STATE, that receives non-
general Funds to identify and recover its indirect costs. These costs are in addition to direct project
costs. STATE's indirect cost rate is determined annually as a percentage of the project's direct
costs to cover the project's share of STATE's indirect costs as defined by OMB Circular A-87.
STATE's indirect cost rate is 12.25% for fiscal year 2008 (July 1, 2007 to June 30, 2008).
For this project, STATE billings to the OWNER will include a charge far the indirect costs
at the current fiscal year indirect cost rate, which amount will be applied toward the total project
contribution of the OWNER. [Note: If this project extends across more than one fiscal year, more
than one annual rate will be involved, as the rates may change during the life of the project.]
6. The total estimated cost of the adjustments at this time is $80,089.88. Proportionate
participation is: STATE $60,067.41 (75%); and OWNER $20,022,47 (25%), plus $1,601.80 (8%)
charge far Traffic Control and $1,601.$0 (8%) for Mobilization, and an additional $2,845.19
(12.25%) charge for Indirect Cost (IDC). The total estimated cost to OWNER is $26,071.26. The
total project costs are $86,138.67 Copies of a cost estimate and plans indicating facility adjustments
are hereby attached as "Exhibit A" and made a part of this Agreement. The STATE's obligation
under this Agreement shall be in accordance with all applicable State and Federal laws in existence
on the date of execution of this Agreement.
7. By state statute, STATE will not reimburse OWNER far engineering costs for
designing, locating, staking, inspecting or any other incidental casts for engineering.
$. The adjustments agreed to in Item Na. 6 above are based on the STATE paying 75%
of relocation costs, excepting betterments, if any, where facilities occupy public road or street
rights-of--way. The OWNER will be billed in advance for its portion of the estimated total costs of
the project no more than sixty (60) days before bid opening. Although the anticipated expenses will
have been discussed with OWNER representatives before that time, the STATE will provide a
detailed breakdown of all estimated costs with the billing.
The OWNER will submit payment to the STATE within thirty (30) days of billing. The
STATE will not proceed further with the project's development if payment is not made within (30)
days of billing. If the federal. government requires a reimbursement or return of any federal funds
because a project doesn't advance due to OWNER's failure to make any scheduled payment, the
OWNER agrees that it will reimburse the STATE for thane federal funds within thirty (30) days of
billing.
If, after initial payment is made, bid opening or contract award by the STATE is delayed or
postponed by 30 days or more, or canceled for any reason, the STATE agrees to immediately refund
the OWNER's initial payment upon the OWNER's request. If the OWNER's share of the cost of
the awarded project exceeds the amount paid by the OWNER, the OWNER will pay the excess.
The contact for billing, accounting and change order questions for the OWNER shall be:
City of Bozeman
Attn: Debbie Arkell
PO Box 1230
411 E. Main Street
Bozeman MT 59771-1230
Within six (6) months after the project has been finally accepted with the final costs
submitted, the STATE will submit a Enal statement to the OWNER. The final statement will
provide details of any expenses that may be identified as "miscellaneous". The final statement will
include a refund of unspent portions of the OWNER's initial payment, payable to the OWNER in
an amount equaling the difference between that payment and the OWNER's share of the final costs.
if the final statement exceeds the OWNER's payments thus far, the OWNER will remit to the
STATE within thirty (30) days of the final statement the difference between OWNER's share of
final costs and OWNER's earlier payment. If payment is not made within that 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. If the OWNER is billed for additional funds, STATE will not participate in any
future funding agreements with the OWNER until full payment, including interest, is received from
the OWNER.
Payments to this project will be coordinated through the STATE's Administration
Division (to be directed to MDT's Accounts Receivable Collections Technician and Accounting
Systems Operations Supervisor). Payments to this project will be provided to the above STATE
staff in the form of a check to be credited to this project.
9. The award of the contract including the highway construction and OWNER water
line relocation will be based on the successful bidder of the combined contract, as determined and
accepted by STATE.
10. OWNER agrees to cooperate fully with the STATE in all aspects of the work
contemplated by this Agreement.
11. OWNER acknowledges that it has reviewed the plans for the proposed construction
of the facilities covered by this Agreement.
12. STATE and OWNER agree that when the construction encompassed by this
Agreement is completed and accepted by STATE and concurred in by OWNER all responsibility of
STATE ceases.
13. Records of the OWNER pertaining to this project will be subject to inspection at any
time by representatives of the STATE, including the legislative auditor and fiscal analyst, and the
Federal Highway Administration. Project records must be retained for a period of not less than
three years from the date of final payment.
14. Inspection far all phases of work on OWNER'S facility will be provided by
OWNER. Contact, questions, or discussions about contractor work will be directed to the
STATE's Project Manager. No direct contact shall occur between OWNER and Contractor.
15. This Agreement is subject to the terms and provisions of Volume 23 Gode of Federal
Regulations, Part 645, Subpart A and B, and subsequent amendments, Title 4$ Code of Federal
Regulations in existence on the date of execution of this Agreement. The Code of Federal
Regulations are hereby incorporated in and made a part of this Agreement by reference to the extent
that is applicable to this Agreement and not inconsistent therewith.
16. NONDISCRIMINATION
If the OWNER enters into a contract or agreement with a contractor to perform any of the
work which the OWNER is required to perform under the terms of this agreement, the OWNER,
for itself, its assigns, and successors in interest, agrees that it will not discriminate in the choice of
contractors and will include all the nondiscrimination provisions set forth in Exhibit "B" attached
hereto and made a part hereof, in any such contract or agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day
and year first above written.
Tt is understood that the OWNER is responsible for obtaining any permits required for
adjustment of its facility.
City of Bozeman ~d~aY STATE OF MONTANA
DEPARTMENT OF TRANSPORTATION
~~u,~,~`
WI'Sag
Authorized Signature
EXHIBIT "B"
NONDISCRIMINATION NOTICE
During the performance of this Agreement, City of Bozeman (hereafter in this Section "the
Party"), 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) Com liance with Re ulations: The Party 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: The Party, 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. The Party 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 Forty far 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 Party of the Party's obligations under this Agreement and the
Regulations relative to nondiscrimination.
(4) Information and Reports: The Party will provide all reports and information
required by the Regulations, or directives 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
(FHWA) to be pertinent to ascertain compliance with Regulations or directives.
Where any information required of the Forty is in the exclusive possession of
another who fails or refuses to furnish this information, the Forty shall so certify
to the Department or the FHWA as requested., setting forth what efforts it has
made to obtain the information.
(S) Sanctions for Noncompliance: In the event of the Forty's noncompliance with the
nondiscrimination provisions of this Agreement, State may impose sanctions as it
or the FHWA determines appropriate, including, but not limited to,
(a) Withholding payments to the Party under the Agreement until the Party
complies, and/or
(b) Cancellation, termination or suspension of the Agreement, in whale or in
part.
(6) Incorporation of Provisions: The Forty will include the provisions of paragraphs
(1) through (6) iin every subcontract, including procurement of materials and
leases of equipment, unless exempt by the Regulations or directives issued
Revised November 17.2005
pursuant thereto. The Party will take such action with respect to any subcontract
or procurement as the State or the FHWA may direct to enforce such provisions
including sanctions for noncompliance: Provided, however, that in the event the
Party is sued or is threatened with litigation by a subcontractor or supplier as a
result of such direction, the Party may request the State to enter into the litigation
to protect the interests of the State, and, in addition, the Party 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. 49-3-2p7, MCA
In accordance with Section 49-3-207, MCA, the Party 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) The Party will comply with all regulations relative to implementation of the
AMERICANS WITH DISABILITIES ACT.
(2) The Party will incorporate or communicate the intent of the following statement in
all publications, announcements, video recordings, course offerings or other
program outputs: "The Party 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 Party. In the case of documents,
recordings or verbal presentations, alternative accessible formats will be
provided. For further information call the Party."
(3) 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 A~reeznent the Department signs with a Party (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The Party, subrecipient or subcoutractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The Party shall
carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted contracts. Failure by the Party to carry out these
requirements is a material breach of this contract, which may result in the
termination of this contract or sueh other remedy as the recipient deems
appropriate
Revised November 17. 2005
IiOW\I'orms\Utl\904
Summary of Costs
for
City of Bozeman
Water and Sanitary Sewer
Subject STPU 1201(14) I/C
Babcock to Kagy -Bozeman
Control No. 4952
Item No. Quantities Description Unit Unit Cast Total Unit Cost
621412000 27 Adjust Valve Box FJ~1 $326.39 $8,812.53
6214102Op 6 Adjust Water Main FA $5,000.OD $30,000.00
621411000 13 Adjust Curb Box F~4 $326.39 $4,243.07
62123000D 1 Reset Fire Hydrant F_A $1,699.77 $1,699.77
621070000 8 Remove Fire Hydrant FJ~ $835.00 $6,680.00
601300100 8 Install Fire Hydrant FJ~ $1,699.77 $13,598.16
621430000 15 Adjust Manhole -San. Sewer Fro $577.09 $8,656.35
604190000 2 Modify Manhole F~4 $3,200.00 $6,400.00
$0.00
$0.00
$0.00
$0.00
Tota I $80,089.88
MDT Cost Share 75% $80,089.88 X .75 = $60,067.41 $60,067.41
Utilt Cost Share 25% $80,089.88 X .25 = $20,022.47 $20,022.47
Utili Mobilization 8% $20,022.47 X .08 = $1,601.80 $1,601.80
Utili Traffic Control 8% $20,0?2.47 X .OS = $1,601.80 $1,601.80
MDT TOTAL COST $60,067,41
UTILITY SUB TOTAL $20,022.47 + $1,601.80 + $1,601.80 = $23,228,07 $23,226.07
IDC 12,25% $23,226.07 X 12.25% _ $2,845.19 $2,$45.19
UTILITY TOTAL COST $23 226.07 + $2 845.19 W $26 071.26 $26 071.26
Total $86,138.67
Note: New Fire Hydrants will be supplied to the contractor by the City of Bozeman as needed.
SG: se.~_... APPRUVF~
GK FQR DATE ~ ~ z.3,- ^ ~
OK FOR SIGNATURE ~~~
sl~~.~ ~ ~` ~ EXH I BIT A SIGNATURE