HomeMy WebLinkAbout09- State of Montana Dept. of Transportation Utilities AgreementSTATE OF MONTANA
DEPARTMENT OF TRANSPORTATION
UTILITIES AGREEMENT
This Agreement is entered into this ~~ day of ~u.'y1 ~ , 2009 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 know as
IM 90-6(120)307 [3871003] in Gallatin County, State of Montana, and designated as Highway
Project MRL Structures -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 MRL Story Mill Spur Line ,where certain water 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
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 the 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:
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. IM 90-6(120)307
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.
All construction preformed pursuant to this Agreement shall be done in
accordance with the then-current Standard Specifications for the 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 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.
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 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 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 14.06% for fiscal year 2009 (July 1, 2008 to June 30, 2009).
For 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
2
Project No. IM 90-6(120)307
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 $279,117.08.
Proportionate participation is: STATE $254,128.12; and OWNER $24,988.96, plus $1,999.12
(8%) charge for Traffic Control and $1,999.12 (8%) for Mobilization, and an additional
$4,075.60 (14.06%) charge for Indirect Cost (IDC). The total estimated cost to OWNER is
$33,062.80. The total project costs are $287,190.92. Copies of 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, location, 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
100% 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 those federal funds within
thirty (30) days of billing.
3
Project No. IM 90-6(120)307
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 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
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 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.
4
Project No. IM 90-6(120)307
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, 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 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,
5
Project No. IM 90-6(120)307
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
WFS:sg
STATE OF MONTANA
DEPA E OF TRANSPORTATION
A ho ed Signature
6
EXHIBIT "B"
NON-DISCRIMINATION 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 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 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 Noncompliance: 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 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
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
Revised November 17, 2005.
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 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.
2
Recap of Costs
for
City of Bozeman and State Cost Share Split
450mm water line relocation
Subject IM 90-6(120)307 I/C
MRL Structures -Bozeman
Control No. 3871003
Cit of Bowman's Res onsibilit -see itemized sheet $ 33,062.80
State of Montana Res onsibility - (see itemized sheet $254,128.12
TOTAL of This Agreement (Between MDT & The City of Bozeman) $287,190.92
APPROVED
DATE_ S - /,~ o g
---~~ ---
SIGl~ ATURE
OK FOR GK FOR
SIGNATURE SIGNATURE
5~ I
ROW\Forms\Utl\904
Summary of Costs
for
City of Bozeman
450mm water line relocation
State Cost Share
Subject IM 90-6(120)307 I/C
MRL Structures -Bozeman
Control No. 3871003
Revised: 1/2006
Item No. Quantities Description Unit Unit Cost Total Unit Cost
207300000 76 Bedding Material M3 $29.25 $2,223.00
551 170000 14.6 Concrete -Class DD M3 $1,453.1 1 $21,215.41
551301100 488 Plowable Fill M3 $102.11 $49,829.68
602010000 114 Remove Pipe Culverts M $38.24 $4,359.36
603711000 889.4 Ductile Iron Fittings KG $12.42 $11,046.35
603714550 118.1 Ductile Iron Pipe 450mm CL 51 M $410.00 $48,421.00
622210010 657 Separation Geotextile -High M2 $1.75 $1,149.75
99 asing ipe lame er M $598.42 $59,243.58
34 Megalug Restraint 457 mm EA $780.00 $26,520.00
601500000 2 Connect to Existing Main EA $3,585.00 $7,170.00
51 Casing Chock Powerseal Nbd.4810 EA $450.00 $22,950.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total -State 100 % Cost Share $254,128.12
Note:
SG: sef
ROW\Forms\Utl\904
Summary of Costs
for
City of Bozeman
450mm water line relocation
City of Bozeman Cost Share
Subject IM 90-6(120)307 UC
MRL Structures -Bozeman
Control No. 3871003
Revised: 1/2006
Item No. Quantities Description Unit Unit Cost Total Unit Cost
601050250 1 Corporation Stop - 25mm EA $210.00 $210.00
601300000 1 Fire Hydrant EA $3,323.53 $3,323.53
603711510 2.25 Ductile Iron Pipe 150mm CL 51 M $520.00 $1,170.00
603901500 1 150mm Gate Valve EA $905.43 $905.43
603910405 2 Valve-Butterfly 450mm EA $9,240.00 $18,480.00
2 Megalug Joint Restraint 150mm EA $450.00 $900.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Tot a I $24,988.96
Utilty Cost Share 100% $24,988.96 X100% _ $24,988.96 $24,988.96
Utility Mobilization 8% $24,988.96 X.08= $1,999.12 $1,999.12
Utiliiy Traffic Control 8% $24,988.96 X .08 = $1,999.12 $1,999.12
UTILITY SUB TOTAL $24,988.96 + $1,999.12 + $1,999.12 = $28,987.20 $28,987.20
IDC 14.06% $28,987.20 X 14.06% _ $4,075.60 $4,075.60
UTILITY TOTAL COST $28 987.20 + $4 075.60 = $33 062.80 $33,062.80
Total Ci of Bozeman -100% Cost Share $33,062.80
Note:
SG: sef
EXHIBIT A
c: \ d n\ 387 1003RDTTLO DESklaMED BY R. W. Schultz 6- /5-2004
5/72/2009 REV/EWED BY
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