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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 7:39:35 AM CHECKED BY ro ~+ u7693 MONTANA CADD MONTANA OEPAR7I~NT _ OF TRANSPoRTATpN D D 9 41 N O ~ 9 w v m O ~ m W ^' ~ ; ~ Cl D 2 m ~ v 3 Z 4 25 c p ~ o $ m 9 fl N ~ A D O a 0 n N f 1, r'^ RAVALI m~ r•f~ _ ~F+ k c ~SO~ 2~ 1 2 l/1 O m ~~ T. 2 S. oQ ~ m o T. I S. T z~ Z m ~. w a Y; : 4 \ v+ ~ ~ LOPE LAIR ' ~ ° ~g s ~~a ~ ~ _~ ao GOOEM MlL RC ~ ~ 1 a 8 eeR z ~ Borer ~ -~-___.~ n z "~ m \ m 1642+78.74 (ENGLISH) ON I-IG 90-6(23)304 500+60.00 metric BEGIN IM 90-6(1141307 = - r ~ O O (~ D ~ ~ ~o wZ - NEW DUAL OVERPASS STRI w ~ i =_ x u' NEW CONCRETE ARCH TUNP ~ o EXISTING - 100090307+OB W Z O ~ ~~ ~~ O -1 513+00.00 metric END IM 90-6(114)307 = 1683+07.09 (ENGLISH) ON I-IG 90-6(23)304 ORES ~ -~ ~~~, Lo ~ °~ Q Ic s ~ N ~ W o~M m Z ~ `I J ~2 z m NNO I & 2 N N ~ W ~ 01 ~ N I ... ~~ ~ ~ ^ \ I ~f\ .~ O+ m' < I z ~ c~ o ut ) 0 z ~w ~O a ~W ~~ ~ ~ ~~ ~ ~ W \ ~ ~ ~ U~i00~ a ~ _ 0 2I~i12 O nm2 °° ~, m s __ __ __ __ __ __ __ __ __ __ __ I~ T. 2 S. T. 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