HomeMy WebLinkAbout08- City/State Storm Drain AgreementCITY/STATE STORM. DRAIN AGREEMENT
THIS AGREEMENT is entered rota between the Montana Department of Transportation,
"State", and the City of Bozeman, "City".
WITNESS THAT
WHEREAS, the State proposes to construct urban street prajects identified as Federal System
Projects STPU 1201(10), Babcock to Kagy -Bozeman and CM -STPU 1201(9), S. 19th &
College -Bozeman, the projects include the reconstruction of South 19th Avenue from reference
point 3.06 (Babcock Street) to reference point 4.46 (south of Kagy Boulevard) including the
reconstruction of the College Street intersection and construction of associated street drainage
systems; and
WHEREAS, the project will include a storm drainage system to collect, convey and discharge
surface runoff from the proposed projects; and
WHEREAS, the proposed projects are located within the boundaries of the City; and
WHEREAS, the State and City recognize the need for a storm drain system; and
WHEREAS, the City will maintain the proposed storm drain system upon project completion;
and
WHEREAS, the City and the State want the construction done; and
WHEREAS, the financial participation for the Storm Drain System which is to be allocated to
the proposed highway street project will be financed by Federal Aid Funds, State Funds, and
Urban Funds; and
WHEREAS, the State wants to receive federal funds For the construction of the proposed Federal
System project; and.
WHEREAS, the Federal Highway Administration of the U.S. Department of Transportation will
not participate in the construction of said highway streets and stone drain system unless the City
and the State agree to equitable maintenance participation; and
WHEREAS, it is the policy of the State for federal-aid funds to be used to finance only an
equitable share of a storm drain system serving no more than the federal-aid project; and
WHEREAS, this document must be executed and filed with the State before the work
contemplated can be awarded to contract; and
NOW, THEREFORE, in consideration of the covenants herein contained, the parties agree that:
The State will advertise, let, award and administer a construction project, in
accordance with all standard specifications and state and federal laws and regulations,
using Federal, State and available Urban funds and will provide all services necessary
for complete construction of the project including but not limited to surveying,
engineering, mobilization, traffic control, material supply, inspection of work and
progress, and other work necessary to complete the construction project in accordance
with. plans and specifications.
2. The State will provide the City a set of as-built plans upon completion of the Storm
Drain System.
3. Award of the construction contract will be based upon the lowest responsive bid
submitted by a responsible bidder for the entire project, including the Storm Drain
System, as set forth in the final plans and. as required by state and federal law.
4. As documented in the attached agreement between the City of Bozeman and Farmers
Canal Company, contained in Exhibit "A", the City is responsible far maintenance of
the Farmers Canal Irrigation Ditch and any culverts or structures placed in or over the
Farmers Canal. Farmers Canal Company is not a party to this agreement.
5. No connections of additional storm drainage may be made without written mutual
agreement of both parties.
6. The City will operate and maintain. the entire Storm Drain System including the
collectors; laterals; inlets; and outfall. Maintenance shall include inspection, cleaning,
repair and materials necessary to keep the system fully operational and functional at all
times. The City agrees that it will protect, defend and indemnify and hold harmless the
State and the Department of Transportation from any loss, damage or claims due to or
allegedly due to the failure to properly operate or maintain the storm drain system as
designed, installed and constructed.
7. This agreement shall become effective upon execution by the State and City.
8. Section 17-1-106, MCA, requires any state agency, including MDT, that receives non-
general funds to identify anal recover its indirect costs. These costs are in addition to
direct project costs. MDT's indirect cost rate is determined annually as a percentage of
the project's direct casts to cover the project's share of MDT's indirect costs as
defined by OMB Circular A-87. MDT's current indirect cost rate is 12.25% for fiscal
year 2008 (July 1, 2007 to June 30, 2008).
For this project, indirect costs will be charged to the federal funding and the
required non-federal match.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
Jim Lynch, Director of Transportation
By:
Adzx~inistrator -Highway Division
2008
CITY OF BOZEMAN
1
By ° - ._.
Cit Cler acy Ul en ayor tCaaxe acobsQn
1, ,Clerk of the City of Bozeman hereby certify hat the
above agrees was r ular y adapted by the City Council at a meeting held on the ., ;~ ` _ day of
~c~~1~ ~- , 2008; and that the Council authorized the Mayor to sign this agreement
on behalf of t Council.
EXHIBIT "A"
eta: 4~,ty ai' aa~etnan
' IN 01 M -
~ ~8 reap x379
9'~2'7:~
S~~,ta ar MaNt.. Caugty e/ ~oils,tln• da rNad Eer recor Apri 1 26 ~ '11i ~~
pt_~,,,,8~ 3 5' .~.M., qnd -'e~ordsd In fivvlt _.. ~vt FI. ~:A ~~
T1iIS Ar3YiFwRDSL*N',~, mzAr~ :i.ti3 enterscl ir-xo this r~ day at
Oatvher: , •].981, fdy +and lya:.L•v~reer- k'I11~ildEttS CANAI. CANivANY, a
Mvnt~nw cvrparntion, doiriy laueiness in the St~Sttae e~J: Monl:una
wlYratic~ addxeaa i~+ ~.nn,titt~3 in BaaeYnan, Coueaty af' Aallrstin,
Stxt,w o~ Maatwx~a, he~r~i_nai~ter ralwxra~d to as NCtympuriy", and
tk-~ CrTY OF HC18T~N1AN, +~ muanioipc~l corpors-tior~ under. thu law6
o~ Lh~ State o.f. Mnntaxxa ~ hrara:inat•ter relerxcRd tc+ uts ° Ci•l:y" ,
W 7: '1' N E S 6 79 T H s '
WkYli:IiEAS, •th~ c:cuuj~wriy ha-a h3.storice] 1y ms~.nts~,trvct a~
ditch eaaomant knnwri ar. L-lae "~'armerE~ c~nnal" what oh drrliv~errs
wester txam fshr, wrarsst Gsllwtin 13a.Vr:+r to varivutw lrxi~atar~s in
the Qa'1. ]. t~tin V'n].lchy t x-ssd
WHEREAS, •tlae Fs-rrttere canal trravereuti acror~s Gallatin rr~tiYnY,y,
aT1c'1 ~lcawe L•hrougis the Cj.ty oi' Acasamars r era~l
wHEREA9, tha t`i'Cy or E3~1P.F+,sn~n a-rsc~ i•l.s ~-genta~ have pr, i.nr.
to th1+~ ~;lal.e inetailed~l aRVa~ra1 oulvaxts S.ax tlae k''armors
Csta;~l, which culverts are+ lacxa.tc:d wa.l:lairi the U.~.ey Limits a~
the City; laridl
WHEREAS, bntl'i parties recogni r.~ the yrowixig buxder~ for
SiLt}a1 li t:y, m:+..i.nter,anc~e axxd Cont.ro'I nr ~:he !'srmer~a Ca~zwl as
s re~isul,t caL L•lae y~OVvth ~a~ the [:ity of Boaemxta. xt is Che
mtytti~s.]. c•:t~raae7C~a o~ both pa7rt9•~4e 'to ~aoilitx~td tla6 yrow•th o~
t:1ya ocu~uuurriL•y ar~d iko paravi.de p.ra~tection ~vr cl~att-i~STe as a
ra®ia].t tsL uaic~ grovrth;
NOW, TFIHIZLI]'UbiL•', in QG+nesiAarxti;ibxa of tha mutual Cdvexlani;R,
ooltdit~.o7ras wrad rsc~xoomc~nt~ ccrrii:aina~~l hareir,., it i~ hta.reby
a~raed es ~ollowse •
1. C:amtaaiay doer iiearc~lay r,{ra~at total. aiad exa~.tlsiva
nontrol o~ ehe aulvPrt~ urxcl oL-laer structure^ fahiah axc in
4~ 3'nHd c".OE~%8990b ~L `9ti ~C(]~(]4f Z~~~.O
Fl~~ ~aP.~ ~~o
places ar will b~ rlacea in or c+ver tht+ ]C'axmers c:c~ntal, asp t~
flows thrcaytgh the 41'ey o~ ~lvsemary kaeniranir~cT an its south
muxYiaiBal boundary ~.in® and extestd7~tag patst ics north mur-iv3Y?al
boundatxy lane i.o Lhe izoxthwest router vi Covered ~tagvn
Trailer Cvua~t at 'Cher termsnation of A~tk StZOet. 7['his 4lxent
„~„ v* authoxita- ir-cludes to tYte City the right , authcraLty as~,d
re~tponsi.bil~.•ty to xnss.r~taixt, repair, arad provide accee}s,
ingress acrid egs~ests avedr the d3.tch and spXme~•m Cax'tal., and to
repair and meixttais- the ditch, culverts arcd •D•Gtt~s stx"uvtu5ces
.Located r.-hexe~.a all W~.thixi thm munieiprsl ba~-ndaxi®~ and the
extension al~cave deiscr.ibed.
1. •~.•he City as a result a!' +aaid trrtnsfar o! authority,
shall be ~resposasibl• fvx• any and all mnirxtaznanae ooncerning
•ai.d 3T[-rxnars carnal xrrigatian hitch.
]. Ltoth partiPq re+r_.ngni ~cq that•• there i.p s4mE3 'u-brk•
noac~EarcarvrY t.o repair thr!• i_rr3.grtt.i•an ditch to •an ctppro~+riate
7 e+v~ 1. a7. ~ ewi nq rertsdxt~tY.tl~+ coot i rtuec~ met:Lrtte~nartGe by the City.
camprany ahnli pny to Gt.r_y xhE nom cif FIVE !L'HC]uE„ANI? n(7I,7aA~Fl6
(S~,QOO.OA~ ~ in }•t;and ,resnc:ivt,d, has resnngnition nt thcx :~tturntnt
raX tnc~xYiw~t xxtac_:tastsdry tca bricty then sttrunturt-! n£ ttxrs Farmcarta
Gkaa~r.1 ul,.+ try thr3 prapcar mxinteananag 7 avt~1 _ Ci •~:y sgr~•es *ca
pcarfnariu ~-].1 dcst;irred maint~sz~aursne, xnd Irtw rrtespnnsib].~e far. army
aLh~ir funds ninctestss.xry trctn •LlYie rlai:e J?vrwarA fo~c the t~po.rdttioxt,
xnairate~rtartcae wnd Qrvomit7,g at theA parmers Csarxal as it pror~medm
6hrvugYt tho area above datsaribed.
4. City shall be Solrly liable for any aamay~is oaceaaL'e3d
or' tariytixty at6 x~ ,t;casult c'al t~lsr:bY•trc5•L-iont;~ Vx u-atlntan+anvtd V.L' tl'ti~c •
ixxig.s•4ion tiibClY ~t~t :it J:lvws th~vuyh thcr Clty. xn that
aarYridutxc~n, tlttr Clty altitll bold Ccyiapatny harmlec~u from goy
a~x'til itll libig~c,tlvrt tttxtt t~taitll ~tr~.dcs ~tf a z•®rrult of the
Ia3.lutts cal? tlste Clty tctr prc~pa.rly uta,.i.xitmti.n, cypEtrrita a.nd yratatu
the Farmerr~s Caa~sti t3ii:ch as 14 passers I:hx:ough i:l]cei Ci•~y.
2
Et] ~~Jt~d ~G7Bc"•cy.9fl90b 8v ~9ti 9pOw/LO/ED
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SpecxiiCally, thR Lity~ reaxliser~ that i,t Qha11 ful.ay a-rs~ssame,
L.kxag ~iabila.ty for ~-11 damages oauae6 by the rxogligc+tat e~eEaign,
,inatxll.xxtltaxi at' the c>:-].vsrtr and atxuatuxees placed by the
Ci•k.y wi w.lain the 1a.+st a®verel yeas and any and all etr.,aa#ur. ~a
allowed tcti be lalaced in the r!~arrne~r+~ Canal ar Doer. .i.t lay the
t:ity ixz the lucuxe. 7Cha City shall ixxstali two (~) 6teveng
Rdavx:c'lers local•.a~l at khe nortrielrn ax'xd ~OUth.~7K1n• bouxidaari~a
al •L•lae above c7esoribed areas. TYsesa steverxn Record®ycs 91Ra11
recerd the amourxt of oruter gldwine~ snto the t~armere 4-anal as
it entears ttse municipal. limits oi= the City and as it exits
the above daseri.bed e-reex_ The La,ey heraby apeiamea xesrorx-
si-biz-l..tY i`oz the aasnounti of water ~],ewi.n~r into tla,e Fa-rmcrc
Ga1r-;~~. ta~+twtsnn thc~ muni.oi.p~aJ. tan»ne'la~,ri.ert ahcav~e dee~rribeR~l, ,
whi.eah 3.e~rennrd~se~ nn l:hp ~i:wvxanxa RBanrrlr3r, . The, City aap~xoi£3,--
cu1],.y clc~t:4s neat ::-u:.suan~ axxy lio}~ilitxr £vr Mttt~r £lvwu t1Yut
csxi.6•L~ dtx1~3 i~l.~s vc;1c-r~ii:y, r~a~pax73.l.y Gac 11as1tt'i nri it u~cAi:lht'L: tliu
eau4laarrn xaourx~las:y at the City.
5. Tha parta.ea specili.aa].],y exc].ta,da tram this agree-
u-aat'x4. any et~eC:ta ca J.• tl~aa usr'a Y.+y •4Ae City cal i:Yxm Fa,rxnrers Caxrxixl
leas ~3i:urYU dr~xJ,rxmxgia purpvxiwb. xt lxi reecogriisESd th:4t at the
prex3rrsnt tit,n~t3 the Cl.ty ham plsxayd storm drainxs izx the Farmora
Canal arxd essay daxn~Qee which may a7rl.ae ixx Ehc luttxx'c as a
rwrsu]„t, cad tlxta ua3FS ni' irkxa Fjrmaarx: Canal. £nr. astOT"m r3Tr~i.nxsge
~aurNua7as slxaal], by haxndlwd LiY~aYSiLtY1y f'rnm thsa pu~parca~aa [a:f~
Lhis a,~zwemera•k_ Tha.s .tyrwaxrieYa•k :itt iio way ~cwasCalvd~6t, d:i.YdyaoatYb
a~ ar a~tects axayr gra-xxt o~ rxuthorxty tvr the use of the
Farmers G.arxal or sny waiver oS s>1,y eda-lmag*s x:essaltx.ng f~:am
the use of the' lr'armors taYar.l ae a storee- draitaagMa system.
6: ~-.`1rx the i3~r-t tlsat ~t i~rxeesssary ~~ arxy p riry to
seslc aausxael~b. enlpr~'e~thm tarms o~$ this agreex~nt, th
preva,i.linr,~ party hall be arded att~o.~sy lees . that ~ ~~/~~
cannaGtion, in the ei~t the c~~- lai].s to~iold hXxraxtil~,ss tli®~
3
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4®E~~BB904 Bc.'9S 9DO~/LO/ED
~~~.~ 69r~ws •~~~
Company i.n litigation p `x~aixii.xag t~ i:]'s ~ ~+ul~ie~t matter
nf' this ~g.rersm~it, thin i n ~ha~:'^r~vw,,s~r. t.h~ ~'. parry shall be ~,~~ J~1,,%~
,snti.tled to the n~CesearY atzd xeaso~ta~le actor y ~•es paid KK~.•,~
by tho CompaxiY e~ur~rieh ~uari liti4ation.~'~ fv' ~..~.
Ill V4rTfi1pEE3 W131~;1+.~:C~s~, th• parries have set thei>Lhands
~d sektl9 the year ar~d date fi.rwt above w~ra.l-~terx.
FARMER6 CANAL COI~>~ANY
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Q:CPSTD:140.DOC
Rev. 11 /18/05
CITY OF BOZEMAN
CONSTRUCTION AGREEMENT
CITY-MAINTAINED ROUTE
THIS AGREEMENT is made and entered into by and between the State of Montana, acting by and
through its Department of Transportation, hereinafter called the State, and the City of Bozeman, a
Montana municipal corporation, hereinafter called the City.
WITNESSETH THAT:
I. WHEREAS the State and the City propose to construct certain improvements on a specific
highway in and through the City, the construction being known as Federal Aid Projects No. STPU
1201(10), Babcock to Kagy -Bozeman; CM -STPU 1201(9), S. 19'h & College -Bozeman; and
HSIP 1201(11), Signal - 19'" & Koch -Bozeman and
WHEREAS, the construction will be over and upon South 19"' Avenue from Babcock Street
to south of Kagy Boulevard including the reconstruction of the College Street intersection, and
WHEREAS, the State and City desire to receive Federal funds for said to construct the
highway, and
WHEREAS, the Federal Highway Administration (FHWA) of the U. S. Department of Trans-
portation will not participate in the construction of said highway until and unless the City agrees to
certain conditions, hereinafter set forth, and
WHEREAS, this document must be duly executed and on record with the State and FHWA
before the work contemplated can be awarded to contract, and
WHEREAS, the City hereby concurs in the designation of the highway, which was
designated under Section 60-2-110, MCA, and
WHEREAS, the City desires to have the construction done, the City deeming it to be a
valuable and beneficial consideration,
II. NOW, THEREFORE, for and in consideration of the premises and of the agreement herein
contained, the parties agree as follows:
(1) The City agrees to conform in all manner and respects to Chapter 8 of Title 61,
MCA, and will not take any action, by enacting an ordinance or otherwise, in contradiction of the
traffic laws. in Chapter 8 of Title 61, MCA, with specific reference, but not limited to, the following
matters:
(a) Installation of any signs, signals, or markings not in conformance with the
Standards approved by the FHWA pursuant to 23 USC 109(d).
(b) Establishing a speed limit less than twenty-five (25) miles per hour in any
urban district, as defined in 61-1-410, MCA, on the above-mentioned street (avenue);
(c) Establishing a speed limit of less than thirty-five (35) miles per hour outside
an urban district as defined in 61-1-410, MCA, on the highway.
Q:CPSTD:140.DOC
Rev. 11 /18/05
(d) Erecting any markings, sign, signal or traffic control device that will give
preference to local routes which intersect with the highway; and no markings, sign, signal or traffic
control device will be erected or constructed nor shall the establishment or modification of any
speed zone, parking regulation or traffic marking which will affect traffic on the highway be made
without proper traffic and engineering study indicating that such markings, sign, signal or traffic
control device is required.
(e) Not requiring the stopping of all traffic at all intersecting streets, alleys and
driveways before entering the highway, and where the City considers that the traffic control creates
a hazardous situation, they may modify the traffic control devices as may be in the public interest
from a safety and convenience standpoint.
(f) Prohibiting parallel parking on the highway; and
(g) Allowing stopping, standing or parking of a vehicle in a place prohibited by
§61-$-354, MCA.
(h) (1) The City will service, maintain and pay the cost of operating all
improvements embraced by this agreement. As further consideration, the City agrees to accept
any and all maintenance and other responsibilities pursuant to any applicable SWPPP and NOI
administered by the Montana Department of Environmental Quality. These responsibilities will
be accepted by the City at the time of final inspection. At that time the SWPPP will be
transferred to the City, and City agrees to execute any necessary documents or take any other
steps necessary for the transfer of responsibility for the SWPPP and the NOI at the appropriate
time. The City agrees to indemnify and hold harmless the State, including the Department, for any
claim, damage, loss or cause of action arising from, due to or allegedly due to the negligence of the
City or its employees or the failure of the City to perform the maintenance activities described
herein.
(2) If during the construction of any sections of the above-mentioned
street (avenue), should the State and/or the FHWA, on account of unfavorable weather or other
conditions not the fault of the contractor, authorize a suspension of construction operations
thereafter and until the State and/or the FHWA issue an order for the resumption of construction
operations, the maintenance of the sections under construction will be by and at the expense of the
City.
(2) In addition to the specific signs, signals and traffic control devices which may be
shown on the plans, further restrictions as to parking, stopping and speed limits are set forth in the
attached drawing labeled "Exhibit A," said exhibit being part of this agreement.
(3) The City has reviewed and approved the plans.
(4) The City will maintain the constructed facility and enforce the ordinances and/or
regulations necessary and essential for the operations of the improvements as planned.
(5) The City will maintain adequate traffic engineering capabilities to ensure that a
continuing traffic engineering function is carried out on said project.
(6) The City will remove or cause to be removed or modified, any existing
encroachments encountered as may be directed by the State and at any future time will not permit
nor suffer any encroachments on the right-of-way of the said road except upon the execution of the
encroachment application and permit as issued by the State.
Q:CPSTD:140.DOC
Rev. 11/18/05
(7) The City agrees to regulate utility occupancy on the right-of-way of this completed
project in conformance with occupancy regulations that will comply with or be more restrictive than
the requirements of ADMINISTRATIVE RULES OF MONTANA 18.7.201 thru 18.7.241 governing
"RIGHT OF WAY OCCUPANCY BY UTILITIES."
(8) Section 17-1-106, MCA, requires any state agency, including the Montana
Department of Transportation (MDT), that receives non-general funds to identify and recover its
indirect costs. These costs are in addition to direct project costs. MDT's indirect cost rate is
determined annually as a percentage of the project's direct costs to cover the project's share of
MDT's indirect costs as defined by OMB Circular A-87. MDT's current indirect cast rate is 12.25%
for fiscal year 2008 (July 1, 2007 to June 30, 2008).
For this project, indirect costs will be charged to the federal funding and the required non-
federal match.
III. During the performance of this Agreement, the City, 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 City shall comply with all Regulations
relative to nondiscrimination in Federally-assisted programs of the Department of Transportation,
49 Code of Federal Regulations, 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 City, with regard to the work performed by it during
the Agreement, shall not discriminate an 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 City shall not participate either directly or indirectly in the discrimination prohibited
by 49 CFR 21.5.
(3) Solicitations for Subcontracts Includin Procurements of Materials and
Equipment: In all solicitations, whether by competitive bidding or negotiation by the City for work to
be performed under a subcontract, including procurements of materials or leases of equipment,
any potential subcontractor or supplier shall be notified by the City of the City's obligations under
this Agreement and the Regulations relative to nondiscrimination.
(4) Information and Reports: City 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
Department or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance
with Regulations or directives. Where any information required of the City is in the exclusive
possession of another who fails or refuses to furnish this information, the City shall so certify to the
Department or the FHWA as requested, setting forth what efforts it has made to obtain the
information.
(5) Sanctions far Noncompliance: In the event of the City's noncompliance with
the nondiscrimination provisions of this Agreement, Department may impose sanctions as it or the
FHWA determines appropriate, including, but not limited to,
(a) withholding payments to the City under the Agreement until the City
complies, and/or
Q:CPSTD:140.DOC
Rev. 11 /18/05
(b) cancellation, termination or suspension of the Agreement, in whole
or in part.
(6) Incor oration of Provisions: City 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. City will take such action
with respect to any subcontract or procurement as the Department or the FHWA may direct to
enforce such provisions including sanctions for noncompliance: Provided, however, that in the
event City is sued or is threatened with litigation by a subcontractor or supplier as a result of such
direction, the City may request the Department to enter into the litigation to protect the interests of
the State, and, in addition, the City 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, §49-3-207, MCA
In accordance with Section 49-3-207, MCA, City 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) City will comply with all regulations relative to implementation of the
AMERICANS WITH DISABILITIES ACT.
(2) City will incorporate or communicate the intent of the following statement in
all publications, announcements, video recordings, course offerings or other program outputs:
"City 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 City. In the case of
documents, recordings or verbal presentations, alternative accessible formats will be provided. For
further information call the City."
(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 City (and each subcontract the prime contractor
signs with a subcontractor) must include the following assurance:
"The City, subrecipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The City shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of DOT-
assisted contracts. Failure by the City 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.
4
Q:CPSTD:140.DOC
Rev. 11 /18/05
IN WITNESS WHEREOF, the Director of Transportation or his authorized representative has
signed on behalf of the State of Montana, and the Mayor of the City of Bozeman on behalf of the
City, has signed and affixed hereto the seal of the City.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
Jim Lynch, Director of Transportation
By
2008
ATTEST:
CITY OF BOZEMAN
By ~'~-u..1-
Mayor Kaaren Jac bson
I, ~ ,Clerk of the City of Bozeman hereby certify th~t the
above a ee nt was r gularly adopted by the City Council at a meeting held on the ~~` day
of ~.J~-~~~~~~ 2008; and that the Council authorized the Mayor to sign this
agreement an b alf of the Council.
G
(S nature) ~^
Administrator -Engineering Division
Q:CPSTD:140.DOC
Rev. 11 /18/05
RESOLUTION
It is hereby resolved by the Council of the City of Bozeman that the City Agreement of Federal Aid
Projects No. STPU 1201(10), Babcock to Ka~gy -Bozeman; CM -STPU 1201(9), 5. 19'" & College
- Bozeman; and HSIP 1201(11) Signal - 19t & Koch -Bozeman, with the State of Montana, acting
by and through the Department of Transportation, is adopted by this Council; and the Mayor of
Bozeman is hereby empowered and authorized to execute said Agreement on behalf of the
Council.
~'~
DATED this ~ day of f~-1'~"~.~.c~~~~ , 2008.
ATTEST:
C~ y Clerk
~> ~
~~.
(Councilor )
ounce man
(Councilman)
(Councilman)
(Councilman)
(Councilman)
(Councilman)
... _ l
(C cil an)
"EXWIBIT A°
0
N
MID-BLDCK CROSSWALK
V INDICATES NO PARKINQ
STOPPING, OR STANDING
* ZONES.
a V' 20~ ON THE APPROACH
,~~ TO A CROSSWALK
J\y0 j 'K 30~ ON THE APPROACH TO
~
~ A STOP SIGN OR SIGNALIZED
` ; * INTERSECTION.
W
C O
cn N CROSSWALK
(MARKED OR UNMARKED)
( SIDEWALK
2j _ 0 ~f _ I
I I 20
I I
30' ~F I
I
51DEWALK I
'l1~
\
w Y
"~
~J` w
T 0
H
1[f
d. FIRE HYDRANT
NO PARKING ZO NES
As Defined by
MONTANA VEHICLE CODE
Prepared by Department of Transportation
CITY/STATE STORM DRAIN AGREEMENT
THIS AGREEMENT is entered i~ato between the Montana Department of Transportation,
"State", and the City of Bozeman, "City".
WITNESS THAT
WHEREAS, the State proposes to construct urban street projects identified as Federal System
Projects STPU ] 201(10), Babcock to Kagy -Bozeman and CM -STPU 1201(9), S. 19th &
College -Bozeman, the projects include the reconstruction of South 19th Avenue from reference
point 3.06 (Babcock Street) to reference point 4.~6 (south of Kagy Boulevard) including the
reconstruction of the College Street intersection and construction of associated street drainage
systems; and
WHEREAS, the project will include a storm drainage system to collect, convey and discharge
surface runoff from the proposed projects; and
WHEREAS, the proposed projects are located within the boundaries of the City; and
WHEREAS, the State and City recognize the need for a storm drain system; and
WHEREAS, the City will maintain the proposed storm drain system upon project completion;
and
WHEREAS, the City and the State want the construction done; and
WHEREAS, the financial participation for the Storm Drain System which is to be allocated to
the proposed highway street project will. be financed by Federal Aid Funds, State Funds, and
Urban Funds; and
WHEREAS, the State wants to receive federal funds for the construction of the proposed Federal
System project; and
WHEREAS, the Federal Highway Administration of the U.S. Department of Transportation will
not participate in the construction of said highway streets and storm drain system unless the City
and the State agree to equitable maintenance participation; and
WHEREAS, it is the policy of the State for federal-aid funds to be used to finance only an
equitable share of a storm drain system serving no more than the federal-aid project; and
WHEREAS, this document must be executed and filed with the State before the work
contemplated can. be awarded to contract; and
NOW, THEREFOKE, in consideration of the covenants herein contained, the parties agree that:
The State will advertise, let, award and administer a construction project, in
accordance with all standard specifications and state and federal laws and regulations,
using Federal, State alid available Urban funds and will provide all services necessary
for complete construction of the project including but not limited to surveying,
engineering, mobilization, traffic control, material supply, inspection of work and
progress, and other work necessary to complete the construction project in accordance
with plans and specifications.
2. The State will provide the City a set of as-built plans upon completion of the Storn~
Drain System.
3. Award of the construction contract will be based upon the lowest responsive bid
submitted by a responsible bidder for the entire project, including the Storm Drain
System, as set forth in the final plans and as required by state and federal law.
4. As documented in the attached agreement between the City of Bozeman and Farmers
Cana] Company, contained in Exhibit "A", the City is responsible for maintenance of
the Farmers Canal. Irrigation Ditch and any culverts or structures placed in or over the
Farmers Canal. Farmers Canal Company is not a party to this agreement.
5. No connections of additional storm drainage may be made without written mutual
agreement of both parties.
6. The City will operate and maintain the entire Storm Drain System including the
collectors; laterals; inlets; and outfall. Maintenance shall include inspection, cleaning,
repair and materials necessary to keep the system fully operational and functional at all.
times. The City agrees that it will protect, defend and indemnify and hold harmless the
State and the Department of Transportation from any loss, damage or claims due to or
allegedly due to the failure to properly operate or maintain the storm drain system as
designed, installed and constructed.
7. This agreement shall become effective upon. execution by the State and City.
8. Section 17-1-106, MCA, requires any state agency, including MDT, that receives non-
general funds to identify and recover its indirect costs. These costs are in addition to
direct project costs. MDT's indirect cost rate is determined annually as a percentage of
the project's direct costs to cover the project's share of MDT's indirect costs as
defined by OMB Circular A-87. 1VIDT's current indirect cost rate is 12.25% for fiscal
year 2008 (July 1, 2007 to June 30, 2008).
For this project, indirect costs will be charged. to the federal funding and the
required non-federal match.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
Jim L}mch, Director of Transportation
sy:
Administrator -Highway Division
CITY OF BOZEMAN
Cl k tacy U en
2008
By Gt-~-~^.-
Nlayor Kaaren Jacobsen
I, ,Clerk of the City of Bozeman hereby certify that the
abo e agre n t was egu arty adopted by the City Council at a meeting held on the ~`~~ day of
;~ ~.~~-~ , 2008; and that the Council authorized the Mayor to sign this agreement
on behalf o the Council.
EXHIBIT "A"
tcl~l : ~~~~y c1' Baseman ..
tiq~~4 iA aY ... ~~ r
' ~ ~ ~ tN t~ILM ~r PAO~
a ~~~
9 I t~r ` +i.
~lt~la at Mot1t,. Wun~j- rr/ ~oflatln. or rNad frr moat Apra 1 26 w '~0 8~
at_. R ~ '~ 5 " .L~.NII., and raivrdsd In Eleelt _ .. ~~ ELL~,NRAI]S ~,,, 8 7,~
P..dl~a ~,,,,,~„~d.~,,,...,.f..Heaarde~. !IY ~
AGR?~:tEMENT
ISIS AC;~Fi:~A'lLrN',i' , rnne9r~ alid entered itszo this •~~ dty a~
Cavtvbsr , 199]. , Ay rind ~bk:, L•'w~e®n lr'J-1ZM1~,,~+w CA1vAL G~1M~Ai.1'Y , a
MvtstlLtirR carYaoratian, doir~y~' businasa lli the Bta'!•R nr Monl;aria
wlYO~ca a~ddace:xs ,iq 7.narxtcs3 in Bvxemar-, Coun•~y oi' ~ail,.t3,n,
Sirx{:a of Mvrttana, he~a^+e+.i.naiRte~r re~1:EtYr~d to as "Gompunar", and
t~.t- CZTY GF HOSLMAN, a muni.oi.px:1 aoxporatiare, unclear. thu 1a~wts
a~ L•h~e 9t9te of Mnntc9na, harMtna~•tex xenlerred to au °Cil:y•• ,
W ]: S1' N F1 5 6~ T H x
vVkYI,:HIstA6, •t•ha C'.c~m~a,auiy has hiatoric~i] 1y msintairi~ci a
ditch eaacmcant ieneawrt as L-he "7:'arme~rs ~'.nnai" Mlhivh dwliver6
wstax xrom the went Galla+ti.n i~i.vhr to vari.aus irxigaeora in
the Cie. 1.7. ruin Vaile~y t +p~rrd
WHEREAS. •k.he ~'arf[1~r~ Cnna~ Y.rxvrar~ruat arrvse- Csltllatin Cnt~Xstyr
and flrawe Lhrough the 4ity e~i• Acaae~mtx-n~ ht~Cl
WHEREAS . the t~ity a! BoPr=emsirs raraci i•Ls ages~ts heave pr, inr.
tv thlw clal.r i.natailed saavsrul ctu.lverts xxY tla® 1+'artt+mr~
Csnx~l, r~thiah culvex•ts errs 7.rave-•L-c~srl w3,l:hisz the C4a,ty Limiter of=
the City s arxcl
td1HEREAS, bcatl'a ~+axt3.eat rscQgni Ts i:ha: yrvw~.nq buxden for
7..1.m2~i ii•Fy, meiint~drii,7'~Cr ~d cont•rn1 n.f! 'rhe !'armorrt CB~rzwl as
x rest~ts7_t r.a~ {~:.hrY y~rowth Af •Chc+ c'.ity oi• Soraeman. It is the
m»tna7. c:onve~cll oir bath part.i.~~ to >=avill.t~ta tltia yrawCh Oi<
thA onuuuutxi I:y and tt+ pravi.dR QrotQaeinn i=or e'leuu~aye as w
rpsialt a~ ~aa~ia ydravo'th t
NOW, THE1xLli't7J~. in oti+nrsid.rrut:i.gn vfr I:ha tmutuetl ctsv~rinnta,
avxtditiaxas ar-d acixQem~+nt,~ nceiitained hea:e.in, iti ins hr-rsby
agrwwd as ~o1low~s
1. e:ompe-ny dose, hr~rutiy r~ra~~k tvta~l a.'r-8 exal+xsivca
nvnti•ol vi: cne aulve~rf:u nncX okher •t~:ucturos rahich arcs 1 n
40 ~ndd
u0B~48990b 9495 9dG14/GO/EO
~uM ~r.~ 8B~
p1,av~s yr wi11 Ae pl-aced in ar ovr~r •rhe x'armea~~ [:anal, asp it
i:lvws thrvtxgh the City v~ kivs4mltn b*cTitatiir«7 pn its south
municipal ^oundary 11na and ~extvndxtsg past its xtiOrth muriiviY?al
boundary lane tv l:he northwest aaxner a~' Cove rod Wetgpn
Trailer Cvua~t at the termsrae-tiort pf pale Street. ~'}'ais +lx'ant
vt authority i=tcludes tv the City the rie~ht . +authority and
rasportaibS.].ity tp tnaas.r>taisa, repair, and provide aCaetts,
ingre~sB atYd egrests ov®r the d~.ta}s grid !t`e-rme~:s Cetr~al, grad to
repair arad mair-tair- the ditch, culve~et~- attd 'ether etruottatces
.~ccated thereixa all 'w:tthirx tYaa municipal bDundax~iea and the
extenaivn above dascr.ibed.
1. •,l:h~ City eat xa resu~,t at said tritnsxeer of aut}tioritY.
sha1X be reepanati,]ble fpx ax,y bnd ali mai.rxtenrancae cancerrnine~
swi.d T!`etrmers Caita7,. Irrigation Ditch .
7. tlath }tart i ~a xecngn 1 r.~ t1+at, xhe.re }.s AC+tmF3 'work
rtaare-r-s~tary Cct xertni.r the i.rrti.gat.i~an ditch tea •an rtp}txv}?riate
7 w~vR1. A], l c~wi e1q re~r~t~dn~-kalrs Gpnt~ i Woad ~t-esint.~+nRrtce by the Ci.tar.
Company e5h1~7.1 poy t-.A c: i.r_y the ~tsm os x+'IVF THL7'LJISANLI [7C]LLA,FtI~
($3 , 000 . b0) , in ]-aanA renFSivr~$ ~ rata rranpgnitign at the atunttrtt
Cii ntOaYltat3 rxtrc:~ta6ury tca bririy t$ii ~6trua7turt3 ctf •k}tt~ Ir;aarmc3rta
G~u.nxaJ. ukt tea that prctprsr m~t.intr3nanaaa 1PVr31„ ~C`ii;y ~agre3e+t~ tv
}taaxfcarut sail de~irtad maintansanne, an,d bP .rettspattiaib~.at fear. any
oLlz~sr ftYtte~s raexra~~a«-xy i:rcttn L•lzia datr, ;Cortnia-ra1 ~uic the oprsra•t:a.on,
maintenance and garvaming at the Z:'armvrs Cereal as xt pxoveeds
Lh~;uugll the a-rea- abvVm desaxibact.
4. City shall be solely liable rvr a-ny damagees cr-eaL'e~!
or asrixalxty ~atii ~ ,ICtttsu:Lt ctl vbaatr.•uc:tivrtrr• VZ iuxaJ.r3tMnsarlu~ ta,l ttaia
irx•i,gution c1~.bCli ae it 1:low$ L-hrouyh i:iYGr City. in th+ett
vrsrirsdt:tactn, tlira City r~trall lictld Ccuapsany taarlttles~at~ ~x~om aany
a-rtit all l~L~igw,tivra tlaxt t31aa11 arlbm ae a result a.i' the
PaS.lu;ca,~ cyx $}aba Clty tc,a ~trctpr'+z7.y iuxiattsain, aprarsatra and groctut
tht: E'armores Canal dii:csh as iL• passurt: I:hrou{lh i:lYa Ci•~y.
2
EO ~D+dd c~.OBc~.c"C899pb 8v ~9T 9410c''./L9/E4
~~ ~~~ ~~
9p®ai~i.oally, thw City' rea].ires that ~.t shall fu11y aenauxnet
I.ttae ~.~.atba.laty for al], dameaga Caused by thm nogligcsnt c]eexigrx,
intstxlleatioxx as ttae aulve.rtg xxtad structures placed by the
C.l. ky wai. ~:l~xixa the last eav~eearal years and e~x><y and al]. x~trr.xaf.:ur, ee
al.lvwed to be nlaaed in the Farms:~s Gana1 ar aver. i.t >ay the
---.. City ixx the future. 7Che City shall i7~istl~.11 two (2? 8teyens
Rec:assler9 loaa4ed at khe nartl'xexxx arxct avtztheacrr• bnundari~s
o:~ ~l:he abcyvm deavribed a~rva. These stevaxxs ~te~corderg sx>ta].1
yQCVrd the s+mvr,~nt of vexr.ter flow~.s><eg snta the 1•armere Canal as
it enterm the muxxicipal limifia of the tjiey anS as it exits
the above deaexribed area. The 4i,ey hereby exsetxxnes xespcn-
sibi3.ity for the amount of wE-ter tlowi.ngr into thm Farmmrra
Can,~i tactwcvn the muxii.ai,p~J, tanr~ne'la~,ri.ea ahnve 21E+e3rri~belC`1, ,
whi.ah i.s .rppeardr_e9 ern i-hp fat_PVRZtxc R~nnrAPr.. '!?his City bpwoif3,--
o:~liy c~c~u¢, next :i:;rsiune~ ttrxy 1i.ntx~.lity fc~r tir..atccr flawe; tlxa.t
c:x,i.al•,~ ai.nd i•l.~t vc:lur~ii:y, cr.~pa,o3.l.y or lYrsgcl ,stn :it uri~(;.esx•~ i:lx~s
aou4h*riz bounrlasy of Lha City.
S. The parties speo3,~icslly Ax4].udA from this agree-
iuaxarx4 arty ePZt3t:ts txl the usr's try •41Y~n City cxi tYxe F~xruter~c Cexrtbxl
lcxr t31:.wrYu cirainzxgts purpnaxiab. It 1.x; reacxgriisdd that at the
prea;rnt time the City hae~ plavtad btorm dra3n~s ~.n the Farmorx3
Canaxl and any dama,gee which may a]C~.ae in the ~utures axs a
rwBult n~ t2ie out=s of tfxra Farmrare:s Csxnal. fnr. xstn_ T'n1 dra3.nxge
~au~~xutRa~Y se2x+~11 but ks~arxdlxad rc~+~xrtr,r~krxly frnxn then puzp'ade~re ea.f.
4his agreemeY~•~. TYxa.xtc ayt•exmrnmtxt itx no way rdx3cxlvux~Et, aias~.~retrk:
vt yr axtfects any graxxt of axuthdacity tCr the use or the
13'a~n-ers CAt~a]. or arty wairrer dg ax•-y damages issultS.xag trosn
the txae o~ ehs~ L'nrmers Larxal ax3l s storeex dxcair,-aga systaxrt.
6: `-.`;I.x~ thaR ~~nt that ~Lt i~nae®ssary f~r any p rty to
reels couneel~-~` erxfpxe~'M~tkio terms d~xsis sgreex~i-~rxt, th ~
prvv+etilin~ party~-h~ail be `warded atto~A•y teeu. ~ that ~"~ ~
,~~~
Coxane-otion, in the •~t the C~~- !ai].a to~ivld harm3:~ss ttx+e\
"!
t+Q 3F?brd
c~.OEc.c"'.8990b 8c.'9T 90Oc~./,gyp/BO
..~.
¢~~.M ~r~ur~ •~~2
Company in ~axq~r litigatiinr~ pc~s~aininq rn t~ - eub~ie~b mutter
of t~hi.s~ ng~r4~im~it. e.Yte~n in xhmti'^rt~r:+nz• ~•he C perry s2~-al.l laae C,n~I~I%~
wntitlad to the n~~eary and x~ww®nir b,lw actor y ~mea paid ~.-,~
by the Camparf,Y tYUrirst'f~ eurh litigwtio~`~ ~, I. ~.
. xN wxT1~1>EEE W1~iLitTiCJ1~', the pwrtiies 2aa~~-s +ae~ thwir hwnda
-- atsd aea~.s the year ar~d Bata ~i~at a~bavw wza~ l-~ten.
FARMERS CANAL CCtMTr3-,N3f
r~/
.~~ ~ - w...-Y.
,,~ ~ Hn
m"e c easy ~; ~. ~•'..~...~ . ,,...
f
i~ -
r iv ~. ~~. ~ . m aei~n w ... ~,. _.
• •c
4
90 3DHd 40E~~8990b .~ 84 ~9~ 900c./LQ/Efd
CPSTD:140.DOC
Rev. 11 /18/05
CITY OF BOZEMAN
CONSTRUCTION AGREEMENT
CITY-MAINTAINED ROUTE
THIS AGREEMENT is made and entered into by and between the State of Montana, acting by and
through its Department of Transportation, hereinafter called the State, and the City of Bozeman, a
Montana municipal corporation, hereinafter called the City.
WITNESSETH THAT:
I. WHEREAS the State and the City propose to construct certain improvements on a specific
highway in and through the City, the construction being known as Federal Aid Projects No. STPU
1201(10), Babcock to Kagy -Bozeman; CM -STPU 1201(9), S. 19'h ~ College -- Bozeman; and
HSIP 1201(11), Signal -19th & Koch -Bozeman and
WHEREAS, the construction will be over and upon South 19th Avenue from Babcock Street
to south of Kagy Boulevard including the reconstruction of the College Street intersection, and
WHEREAS, the State and City desire to receive Federal funds far said to construct the
highway, and
WHEREAS, the Federal Highway Administration (FHWA) of the U. S. Department of Trans-
portation will not participate in the construction of said highway until and unless the City agrees to
certain conditions, hereinafter set forth, and
WHEREAS, this document must be duly executed and on record with the State and FHWA
before the work contemplated can be awarded to contract, and
WHEREAS, the City hereby concurs in the designation of the highway, which was
designated under Section 60-2-110, MCA, and
WHEREAS, the City desires to have the construction done, the City deeming it to be a
valuable and beneficial consideration,
II. NOW, THEREFORE, for and in consideration of the premises and of the agreement herein
contained, the parties agree as follows:
(1) The City agrees to conform in all manner and respects to Chapter 8 of Title fit,
MCA, and will not take any action, by enacting an ordinance or otherwise, in contradiction of the
traffic laws in Chapter 8 of Title 61, MCA, with specific reference, but not limited to, the following
matters:
(a) Installation of any signs, signals, or markings not in conformance with the
Standards approved by the FHWA pursuant to 23 USC 109(d).
(b) Establishing a speed limit less than twenty-five (25) miles per hour in any
urban district, as defined in fit-1-410, MCA, on the above-mentioned street (avenue);
(c) Establishing a speed limit of less than thirty-five (35) miles per hour outside
an urban district as defined in 61-1-410, MCA, on the highway.
Q:CPSTD:140.DOC
Rev. 11 /18/05
(d) Erecting any markings, sign, signal or traffic control device that will give
preference to local routes which intersect with the highway; and no markings, sign, signal or traffic
control device will be erected or constructed nor shall the establishment or modification of any
speed zone, parking regulation or traffic marking which will affect traffic on the highway be made
without proper traffic and engineering study indicating that such markings, sign, signal or traffic
control device is required.
(e) Not requiring the stopping of all traffic at all intersecting streets, alleys and
driveways before entering the highway, and where the City considers that the traffic control creates
a hazardous situation, they may modify the traffic control devices as may be in the public interest
from a safety and convenience standpoint.
(f) Prohibiting parallel parking on the highway; and
(g) Allowing stopping, standing or parking of a vehicle in a place prohibited by
§51-8-354, MCA.
(h) (1) The City will service, maintain and pay the cost of operating all
improvements embraced by this agreement. As further consideration, the City agrees to accept
any and all maintenance and other responsibilities pursuant to any applicable SWPPP and NOI
administered by the Montana Department of Environmental Quality. These responsibilities will
be accepted by the City at the time of final inspection. At that time the SWPPP will be
transferred to the City, and City agrees to execute any necessary documents or take any other
steps necessary for the transfer of responsibility for the SWPPP and the NOI at the appropriate
time. The City agrees to indemnify and hold harmless the State, including the Department, for any
claim, damage, loss or cause of action arising from, due to or allegedly due to the negligence of the
City or its employees or the failure of the City to pertorm the maintenance activities described
herein.
(2) If during the construction of any sections of the above-mentioned
street (avenue), should the State and/or the ~'HWA, on account of unfavorable weather or other
conditions not the fault of the contractor, authorize a suspension of construction operations
thereafter and until the State and/or the FHWA issue an order for the resumption of construction
operations, the maintenance of the sections under construction will be by and at the expense of the
City.
(2) In addition to the specific signs, signals and traffic control devices which may be
shown on the plans, further restrictions as to parking, stopping and speed limits are set forth in the
attached drawing labeled "Exhibit A," said exhibit being part of this agreement.
(3) The City has reviewed and approved the plans.
(4) The City will maintain the constructed facility and enforce the ordinances and/or
regulations necessary and essential for the operations of the improvements as planned.
(5) The City will maintain adequate traffic engineering capabilities to ensure that a
continuing traffic engineering function is carried out on said project.
(6) The City will remove or cause to be removed or modified, any existing
encroachments encountered as may be directed by the State and at any future time wilt not permit
nor suffer any encroachments on the right-of-way of the said road except upon the execution of the
encroachment application and permit as issued by the State.
Q:CPSTD:140.DOC
Rev. 11 /18/05
(7) The City agrees to regulate utility occupancy on the right-of-way of this completed
project in conformance with occupancy regulations that will comply with or be mare restrictive than
the requirements of ADMINISTRATIVE RULES OF MONTANA 18.7.201 thru 18.7.241 governing
"RIGHT OF WAY OCCUPANCY BY UTILITIES."
(8) Section 17-1-106, MCA, requires any state agency, including the Montana
Department of Transportation (MDT), that receives non-general funds to identify and recover its
indirect costs. These casts are in addition to direct project costs. MDT's indirect cost rate is
determined annually as a percentage of the project's direct costs to cover the project's share of
MDT's indirect costs as defined by OMB Circular A-87. MDT's current indirect cost rate is 12.25%
for fiscal year 2008 (July 1, 2007 to June 30, 2008).
For this project, indirect costs will be charged to the federal funding and the required non-
federal match.
III. During the performance of this Agreement, the City, 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 City shall comply with all Regulations
relative to nondiscrimination in Federally-assisted programs of the Department of Transportation,
49 Code of Federal Regulations, 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 City, 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 City shall not participate either directly or indirectly in the discrimination prohibited
by 49 CFR 21.5.
(3) Solicitations for Subcontracts Includin Procurements of Materials and
Equipment: In all solicitations, whether by competitive bidding or negotiation by the City for work to
be performed under a subcontract, including procurements of materials or leases of equipment,
any potential subcontractor or supplier shall be notified by the City of the City's obligations under
this Agreement and the Regulations relative to nondiscrimination.
(4) Information and Re arts: City 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
Department or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance
with Regulations or directives. Where any information required of the City is in the exclusive
possession of another who fails or refuses to furnish this information, the City 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 City's noncompliance with
the nondiscrimination .provisions of this Agreement, Department may impose sanctions as it or the
FHWA determines appropriate, including, but not limited to,
(a) withholding payments to the City under the Agreement until the City
complies, and/or
O:CPSTD:140.DOC
Rev. 11/18/05
or in part.
(b) cancellation, termination or suspension of the Agreement, in whole
(6) Incorporation of Provisions: City 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. City will take such action
with respect to any subcontract or procurement as the Department or the FHWA may direct to
enforce such provisions including sanctions for noncompliance: Provided, however, that in the
event City is sued or is threatened with litigation by a subcontractor or supplier as a result of such
direction, the City may request the Department to enter into the litigation to prated the interests of
the State, and, in addition, the City 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, §49-3-207, MCA
In accordance with Section 49.3-207, MCA, City 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) City will comply with all regulations relative to implementation of the
AMERICANS WITH DISABILITIES ACT.
(2) City will incorporate or communicate the intent of the following statement in
all publications, announcements, video recordings, course offerings or other program outputs:
"City 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 City. In the case of
documents, recordings or verbal presentations, alternative accessible formats will be provided. For
further information call the City."
(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 City (and each subcontract the prime contractor
signs with a subcontractor) must include the following assurance:
"The City, subrecipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The City shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of DOT-
assisted contracts. Failure by the City 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.
Q:CPSTD:140.DOC
Rev. 11 /1$/05
IN WITNESS WHEREOF, the Director of Transportation or his authorized representative has
signed on behalf of the State of Montana, and the Mayor of the City of Bozeman on behalf of the
City, has signed and affixed hereto the seal of the City.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
Jim Lynch, Director of Transportation
By
Administrator -Engineering Division
A
~_ nt
2008
ATTEST: - -
CITY OF BOZEMAN
Ci ler tacy UI en Mayor Kaaren acobson
I, Clerk of the City of Bozeman hereby certify th~t the
abo emigre nt wa regu arty adopted by the City Council at a meeting held on the ~~~~ day
of ~J~4a~c..~r 2008; and that the Council authorized the Mayor to sign this
agreement on t~ alf of the Council. (( ll
VI ~~
(Sign ture)
Q:CPSTD:140.DOC
Rev. 11 /18/05
RESOLUTIQN
It is hereby resolved by the Council of the City of Bozeman that the City Agreement of Federal Aid
Projects No. STPU 1201(10), Babcock to Ka~gy -Bozeman; CM -STPU 1201(9), S. 19th & College
- Bozeman; and HSIP 1201(11) Signal - 19t & Koch -Bozeman, with the State of Montana, acting
by and through the Department of Transportation, is adapted by this Council; and the Mayor of
Bozeman is hereby empowered and authorized to execute said Agreement on behalf of the
Council.
DATED this ~ day of E b1°,,~;t~_. ~ , 2008.
ATTEST:
II
(C ty lark)
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(Councilman
ou ~ ma
(Councilma
(Councilman)
(Councilman)
(Councilman)
(Councilman)
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MID-BLOCK CROSSWALK
*INDICATES NO PARKING.
STOPPING, OR STANDINd
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~' 20~ ON THE APPROACH
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FIRE HYDRANT
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As Defined by
MONTANA VEHICLE CODE
Prepared by Department of Transportation