HomeMy WebLinkAbout09- Local Government Infrastructure Grant Program Contract #STMGF-60-MP-013 recovery.mt.gov
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Department of Commerce it
LOCAL GOVERNMENT INFRASTRUCTURE GRANT PROGRAM
CONTRACT #STMGF -60 -MP -013
City of Bozeman
This Agreement is entered into by City of Bozeman, Montana (hereinafter the "Grantee
and the Montana Department of Commerce, Helena, Montana (the Department).
The Grantee and the Department hereby agree to the following terms:
Section I. PURPOSE
The purpose of this Agreement is to provide grant funding for local government infrastructure
project activities approved by the 61 st Montana Legislature through the Montana Reinvestment Act
(HB 645) and signed into law by Governor Schweitzer on May 14, 2009 (Chapter 489, Laws 2009).
Section 2. AUTHORITY
This Agreement is issued under authority of Title 18, Montana Code Annotated, the
Administrative Rules of Montana, Title 2, Chapter 5, and the terms of HB 645 (2009).
Section 3. ACCEPTANCE OF PROGRAM REQUIREMENTS
(a) The Grantee will comply with all applicable local, state, and federal laws, regulations,
ordinances, and resolutions, including the reporting and accountability requirements of the
American Recovery Reinvestment Act of 2009 and all administrative directives and
procedures established by the Department, including the Local Government Infrastructure
Grant Program Guidelines (June, 2009).
(b) The Grantee understands and agrees that the work to be performed under this project is
funded by federal and /or state recovery and reinvestment funds "Recovery Funds and
that the Grantee must report information as required by applicable federal and state law
for itself and all contractors, subcontractors, and subrecipient entities performing work
under this Agreement.
(c) The Grantee understands and agrees that all Projects funded in whole or in part with
Recovery Funds must be identified by temporary and /or permanent signs, designed and
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ordered by the Department and installed at the Project site by the Grantee as directed and
approved by the Department. Temporary project signs that are typically used to provide
information about the project and its funding must also have both Recovery funds logos
placed on the sign. The logos will be provided by the Department.
(d) The Grantee acknowledges it is subject to the conditions on grant award, disbursement of
funds, and other Program policies set forth in the Montana Reinvestment Act.
(e) The Grantee agrees that the Project will adhere to all applicable design standards required
by the Department of Environmental Quality (DEQ). If no DEQ standards are applicable to
the Project, the Grantee agrees that the Project will adhere to applicable generally
accepted industry standards, such as Recommended Standards for Wastewater Facilities or
Recommended Standards for Water Works, published by the Great Lakes -Upper Mississippi
River Board of State and Provincial Public Health and Environmental Managers, latest
edition.
(f) The Grantee agrees that all contracts and subcontracts entered into for the completion of
the activities described in Section 6. SCOPE OF WORK will indicate that the contract is
being made under the Montana Reinvestment Act of 2009, and require such contractors,
subcontractors, and subrecipient entities to also comply with all applicable local, state, and
federal laws, regulations, administrative directives, procedures, ordinances, resolutions; all
applicable DEQ design standards, or, if not applicable, applicable generally accepted industry
standards as set forth in this Section; and all administrative directives and procedures
established by the Department, including the Local Government Infrastructure Program
Guidelines (June, 2009).
(g) The Grantee expressly agrees to repay to the Department any funds advanced under this
Contract that the Grantee, or its contractors, subcontractors, or subrecipient entities, or
any public or private agent or agency to which they delegates authority to carry out
portions of this Contract, expends in violation of the terms of this Contract, the statutes
and regulations governing the Program, or any applicable local, state, or federal
requirements.
Section 4. BUDGET
(a) The total amount to be awarded to the Grantee under this Contract will not exceed
$622,1 38.45. The Project budget is set forth in Exhibit A.
(b) Budget adjustments in excess of $5,000 must be approved in advance by the Department.
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(c) Any grant award funds the Grantee fails to expend on or before September 30, 2010 will
revert to the state general fund.
Section S. EFFECTIVE DATE AND TIME OF PERFORMANCE
(a) This Contract shall take effect upon execution by the parties and will terminate upon
approval of the Grantee's final Request for Payment by the Department, unless otherwise
terminated in accordance with the terms of this Contract.
(b) All Program grant award monies must be expended by the Grantee on or before
September 30, 2010. The activities to be performed by the Grantee will be completed
according to the implementation schedule set forth in Exhibit B. The Grantee may modify
the implementation schedule set forth in Exhibit B only upon obtaining the prior written
approval of the Department.
Section 6. SCOPE OF WORK
The Grantee agrees to engage in Project activities as set forth in modifications thereto requested
by the Grantee and approved by the Department, attached hereto as Exhibit C and specifically
incorporated herein by this reference (collectively, the "Project
The major components of the Project include the following work for the Grantee:
City Vehicle Maintenance Shop
ADA Pedestrian Ramp Improvements
Bogert Park Tennis /Basketball Courts
Bogert Park Sidewalk Replacement
Depot Park Phase 2 Improvements
North 7th Oak Street Sidewalk Improvements
Section 7. AMOUNT OF GRANT AND METHOD OF REIMBURSEMENT
(a) The Department will use the funds appropriated in the Montana Reinvestment Act of 2009
to fund grant awards to the Project activities set forth in Exhibit C. The Grantee
acknowledges that its access to Recovery Funds is subject to their availability.
(b) Payment to the Grantee for approved Project activities under the Contract will be in
accordance with the disbursement schedule listed below:
(i) Payment #1 90% of the award amount will be available upon Contract execution
in conjunction with the receipt of Grantee's Request for Payment.
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(ii) Payment #2 The remaining 10% of the award amount will be available for payment
upon project completion in conjunction with the receipt of all required reports and
Grantee's final Request for Payment.
(c) Grantee acknowledges and agrees that if the Grantee fails to file its annual financial report
or to follow any other reporting or auditing requirements established by any state or
federal agency or authorized agent thereof, as set forth in Sections 2 -7 -503, 5 -13 -304, and
18-1-118, MCA, and other laws, the Department of Commerce reserves the right to
release any remaining Program funds to that local government on a reimbursement basis
only, upon receipt of a Request for Reimbursement accompanied by adequate supporting
documentation of project expenses.
(d) As further set forth in Section 19. TERMINATION OF AGREEMENT, if the Grantee fails to
or is unable to comply with any of the terms and conditions of this Contract, any costs
incurred will be the Grantee's sole responsibility.
(e) The grant funds may not be used to cover any costs incurred by the Grantee prior to
May 14, 2009, for any expenses not included in Exhibit A or an approved adjustment
thereto, or for any expenses not clearly and adequately supported by the Contractor's
records.
(f) Unless otherwise stated herein, the Department is allowed 30 working days to process a
Request for Payment. The Grantee may be required to provide banking information at
the time of Contract execution in order to facilitate electronic funds transfer payments.
The Department may withhold payments to the Grantee if the Grantee has breached the
terms of this Contract.
(g) If the Department determines that the Grantee has failed to satisfactorily carry out its
responsibilities under this Contract, the Department may withhold the final payment to
the Grantee until such time as the parties agree on a plan to remedy the deficiency.
(h) Any Requests for Payment for contracted or subcontracted services must attach
appropriate documentation demonstrating compliance with applicable state procurement
requirements.
(i) The Grantee may not use monies provided through this Contract as payment for Project
costs that are reimbursed from other sources.
(j) If the Department determines that the Grantee is not likely to expend all grant funds by
September 30, 2010, it may require the Grantee to request an amendment to the scope of
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the awarded project or redistribute all or a portion of the award to other projects
proposed by the Grantee.
Section 8. REPORTING REQUIREMENTS
(a) Monthly Recovery Funds Reports No later than the first Friday of each month during the
term of this Contract, the Grantee must report, at a minimum, for itself and all contractors,
subcontractors, and subrecipient entities, the following information:
(1) The dollar amount of all contractor invoices;
(2) The supplies delivered and the services performed;
(3) An assessment of the completion status of the work;
(4) An estimate of the number of jobs created and the number of jobs retained as a result
of the Recovery funds:
(i) "Jobs created" means the cumulative new positions created and filled, or
previously existing unfilled positions that are filled, for each project, as a running
total over the life of the project, expressed as "full time equivalent" (FTE),
calculated cumulatively as all hours worked (jobs created cumulative work
hours) divided by the total number of hours in a full time schedule, as defined by
the Grantee.
(ii) "Jobs retained" means the cumulative previously existing filled positions that are
saved /retained for each project, as a running total over the life of the project,
expressed as FTE, calculated cumulatively as all hours worked (jobs saved
cumulative work hours) divided by the total number of hours in a full time
schedule, as defined by the Grantee.
(iii) The Grantee must report the FTE (job counts should be converted to full -time
equivalents), cumulative work hours, and total number of hours in a full time
schedule, as defined by the Grantee, for both jobs created and retained.
(iv) Temporary construction jobs should also be converted to annualized full -time
equivalents. For example, 20 full -time jobs on a three -month project count as 5
full -time equivalent annualized jobs; and
(5) Name and physical location of all contractors, subcontractors, and subrecipient entities
engaged in any of the activities described in Section 6. SCOPE OF WORK.
(c) Project Completion Report Upon completion of the final Project, the Grantee will submit
a final Project Completion Report to the Department. The Project Completion Report will
describe the total costs incurred for the Project, identify the final completion date,
summarize any significant problems encountered in carrying out the Project, and provide
the final Recovery Funds information for each item set forth in paragraph (b) in this Section.
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Within 15 days of receiving the Project Completion Report, the Department will issue the
Notice of Project Close -out.
Section 9. LIAISONS
The contact persons for this Agreement are:
For the Department of Commerce:
Dave Cole (or successor)
Administrator, Community Development
Montana Department of Commerce
301 S. Park Ave.
P.O. Box 200523
Helena, MT 59620 -0523
406 841 -2776
For the Grantee:
Chris Kukulski, City Manager
City of Bozeman
PO Box 1230
Bozeman, MT 59771.
406 .582 -2300
Section 10. ACCESS TO AND RETENTION OF RECORDS
The Grantee shall create and maintain records of the services covered by this Contract,
including but not limited to financial records, supporting documents, and such other records as
are required by law or other authority, and to provide the Department, Montana Legislative
Auditor, or their authorized agents access to any records necessary to determine contract
compliance. (Mont. Code Ann. 18-1-118.) The Grantee agrees to create and retain records
supporting the services rendered or supplies delivered for a period of three (3) years after either
the completion date of the Contract or the conclusion of any claim, litigation, or exception
relating to the Contract taken by the State of Montana or third party, whichever is later. These
records will be kept in the Grantee's offices in Bozeman, Montana.
Section 11. PROJECT MONITORING
(a) The Department or any of its authorized agents may monitor and inspect all phases and
aspects of the Grantee's performance to determine compliance with the SCOPE OF
WORK, the proper use of Recovery Funds, and other technical and administrative
requirements of this Contract, including the adequacy of the Grantee's records and
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accounts. The Department will advise the Grantee of any specific areas of concern and
provide the Grantee opportunity to propose corrective actions acceptable to the
Department.
(b) Failure by the Grantee to proceed with reasonable promptness to take necessary
corrective actions shall be a default. If the Grantee's corrective actions remain
unacceptable, the Department may terminate this Contract in whole or in part, or
reduce the contract price or award to reflect the reduced value of services received.
Section 12. COMPLIANCE WITH LAWS
(a) The Grantee must, in performance of work under this Contract, fully comply with all
applicable federal, state, or local laws, rules, policies, regulations, and ordinances, including
the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of
1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act
of 1973. Any subletting or subcontracting by the Grantee subjects subcontractors to the
same provision. In accordance with section 49 -3 -207, MCA, the Grantee agrees that the
hiring of persons to perform the Contract will be made on the basis of merit and
qualifications and there will be no discrimination based upon race, color, religion, creed,
political ideas, sex, age, marital status, physical or mental disability, or national origin by the
persons performing the contract.
(b) The Grantee shall promptly refer to the Department any credible evidence that a
principal, employee, agent, contractor, sub grantee, subcontractor, or other person has
submitted any false claim or has committed any criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving
funds provided under this Contract.
Section 13. ACCOUNTING, COST PRINCIPLES, AND AUDITING
(a) The Grantee, in accordance with Section 18-4-311, MCA and other authorities, must
maintain for the purposes of this Contract an accounting system of procedures and
practices that conforms to Generally Accepted Accounting Principles (GAAP).
(b) The Department or any other legally authorized governmental entity or their
authorized agents may, at any time during or after the term of this Contract, conduct, in
accordance with Sections 2 -7 -503, 5 -13 -304, and 18-1-118, MCA and other authorities,
audits for the purposes of ensuring the appropriate administration and expenditure of
the monies provided through this Contract and to ensure the appropriate
administration and delivery of services provided through this Contract.
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(c) The Grantee, for purposes of audit and other administrative activities, in accordance
with 18-1-118, MCA and other authorities, must provide and the Department any other
legally authorized governmental entity or their authorized agents access at any time to
all of their respective records, materials and information, including any and all audit
reports with supporting materials and work documents, pertinent to the services
provided under this Contract until the expiration of three (3) years from the
completion date of this Contract. The Department and any other legally authorized
governmental entity or their authorized agents may record any information and make
copies of any materials necessary for the conduct of an audit or other necessary
administrative activity.
Section 14. AVOIDANCE OF CONFLICT OF INTEREST
(a) The Grantee will comply with sections 2 -2 -121, 2- 2- 201,7 -3 -4256, 7 -3 -4367, 7 -5 -2106, and
7 -5 -4109, MCA (as applicable) regarding the avoidance of conflict of interest.
(b) The Grantee agrees that none of its officers, employees, or agents will solicit or accept
gratuities, favors, or anything of monetary value from contractors, subcontractors, or
potential contractors and subcontractors, who provide or propose to provide services
relating to the project funded under this Contract.
Section 15. OWNERSHIP AND PUBLICATION OF MATERIALS
All reports, information, data, and other materials prepared by the Grantee, or any of its
contractors or subcontractors, in furtherance of this Contract are the property of the Grantee and
the Department, which both have the royalty -free, nonexclusive, and irrevocable right to
reproduce, publish or otherwise use, and to authorize others to use, in whole or part, such
property and any information relating thereto. No material produced in whole or part under this
Contract may be copyrighted or patented in the United States or in any other country without the
prior written approval of the Department and the Grantee.
Section 16. ASSIGNMENT, TRANSFER, AND SUBCONTRACTING
(a) The Grantee agrees that all contracts and subcontracts entered into for.the completion of
the activities described in Section 6. SCOPE OF WORK or any portion thereof must
indicate, in writing, that the Contract is being made under the Montana Reinvestment Act
of 2009, and require such contractors, subcontractors, and subrecipient entities to also
comply with all applicable local, state, and federal laws, regulations, administrative
directives, procedures, ordinances, resolutions; all administrative directives and procedures
established by the Department, including the Local Government Infrastructure Program
Guidelines (May 2009), and all of the terms and conditions of this Contract.
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(b) The Grantee's assignment, transfer, delegation, or subcontract of this Contract or any
portion thereof neither makes the State a party to that agreement nor creates any right,
claim, or interest in favor of any party to that agreement against the State.
(c) The Grantee must immediately notify the Department of any litigation concerning any
assignment, transfer, delegation, or subcontract of this Contract or any portion thereof.
Section 17. HOLD HARMLESS AND INDEMNIFICATION
The Grantee agrees to protect, defend, and save the State, its elected and appointed officials,
agents, and employees, while acting within the scope of their duties as such, harmless from and
against all claims, demands, causes of action of any kind or character, including the cost of
defense thereof, arising in favor of the Grantee's employees or third parties on account of bodily
or personal injuries, death, or damage to property arising out of services performed or
omissions of services or in any way resulting from the acts or omissions of the Grantee and /or
its agents, employees, representatives, assigns, subcontractors under the Contract.
Section 18. INSURANCE
(a) General Requirements Grantee shall maintain and shall assure that its representatives,
assigns, and subcontractors maintain for the duration of the Contract, at their own cost and
expense, primary liability insurance against claims for injuries to persons or damages to
property, including contractual liability, which may arise from or in connection with the
performance of the duties and obligations in the Contract by Grantee, its agents,
employees, representatives, assigns, or subcontractors. This insurance shall cover such
claims as may be caused by any negligent act or omission. The State, its officers, officials,
employees, and volunteers are to be covered as additional insured's for all claims arising
out of the use of grant proceeds provided by the State of Montana.
(b) Primacy Insurance. Grantee's insurance coverage shall be primary insurance with respect
to the State of Montana, its elected or appointed officers, officials, employees, or volunteers
and shall not contribute with it.
(c) General Liabilit Insurance. At its sole cost and expense, the Grantee shall purchase
occurrence coverage with minimum combined single limits of $1 million per occurrence
and $2 million aggregate per year, or as established by statutory Tort limits of $750,000 per
claim and $1,500,000 per occurrence as provided by a self insurance pool insuring counties,
cities, or towns, as authorized under Section 2-9-211, MCA.
(d) Professional Liability Insurance Grantee shall assure that any representatives, assigns, and
subcontractors performing professional services under this Contract purchase occurrence
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coverage with combined single limits for each wrongful act of $1,000,000 per occurrence
and $2,000,000 aggregate per year. Note: if "occurrence" coverage is unavailable or cost
prohibitive, the Contractor may provide "claims made" coverage provided the following
conditions are met: (1) the commencement date of the contract must not fall outside the
effective date of insurance coverage and it will be the retroactive date for insurance
coverage in future years; and (2) the claims made policy must have a three (3) year tail for
claims that are made (filed) after the cancellation or expiration date of the policy.
(e) Propeqy Property Insurance. At its sole cost and expense, the Grantee shall maintain property and
hazard insurance, including course of construction coverage, and earthquake insurance in areas
where there is a shaking level above I Og http /rmtd.mt.gov /aboutus /publications /files /NEHRP.pdf
for loss or damage for any building and all related improvements and contents therein on the
premises on a replacement cost basis throughout the term of the contract.
(f) General Provisions All insurance coverage shall be placed with a carrier licensed to do
business in the State of Montana or by a domiciliary state and with a Best's rating of at least
A or by a public entity self insured program either individually or on a pool basis as
provided by Title 2, MCA. All certificates and endorsements are to be received by the
Department prior to beginning any activity provided for under the Contract. Grantee shall
notify the Department immediately of any material change in insurance coverage, such as
changes in limits, coverage, change in status of policy, etc. The Department reserves the
right to request complete copies of Grantee's insurance policy at any time, including
endorsements.
Section 19. TERMINATION OF CONTRACT
This Contract may only be terminated in whole or in part as follows:
(a) Availability of Funding This Contract is automatically canceled if federal funds under the
American Recovery and Reinvestment Act of 2009, Public Law 1 1 1 -5, are not appropriated
or otherwise made available to support the Contract's commencement or continuation of
performance.
(b) Termination for Cause with Notice ,to,Cure Requirement The Department may terminate
this Contract for failure of the Grantee, its contractors, subcontractors, or subrecipient
entities to perform or comply with any of the services, duties, terms, or conditions
contained in this Contract after giving the Grantee written notice of the stated failure. The
written notice will demand performance of the stated failure within a specified period of
time of not less than 30 days. If the demanded performance is not completed within the
specified period, the termination is effective at the end of the specified period.
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(c) Effect of Termination In the event of termination due to the Grantee's, or its contractors',
subcontractors', or subrecipient entities' failure to perform or comply with any of the
services, duties, terms, or conditions of this Contract, any costs incurred will be the
responsibility of the Grantee. However, at its sole discretion, the Department may
approve requests by the Grantee for reimbursement of expenses incurred. The
Department's decision to authorize payment of any costs incurred or to recover expended
Program funds will be based on a consideration of the extent to which the expenditure of
those funds represented a good faith effort of the Grantee to comply with the any of those
services, duties, terms, or conditions of this Contract, and on whether the failure to comply
with any of those services, duties, terms, or conditions resulted from circumstances beyond
the Grantee's control.
Section 20. NOTICE
All notices, reports, and other information required under the provisions of the Contract to be
exchanged between the parties must be in writing and delivered to the parties' liaisons identified
herein either by first class mail or personal service.
Section 21. DEBARMENT
The Grantee certifies and agrees to ensure during the term of this Contract that neither it nor its
principals, contractors, subcontractors, or subrecipient entities are debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this Contract by
any governmental department or agency.
Section 22. CONTRACT AMENDMENT
Except as otherwise set forth herein, this Contract may not be enlarged, modified, or altered
except upon written agreement by all parties to the Contract.
Section 23. DEFAULT
Failure on the part of either party to perform the provisions of the Contract constitutes default.
Default may result in the pursuit of remedies for breach of contract as set forth herein or as
otherwise legally available, including but not limited to damages and specific performance.
Section 24. COMPLIANCE WITH WORKERS' COMPENSATION ACT
Grantees are required to comply with the provisions of the Montana Workers' Compensation Act
while performing work for the State of Montana in accordance with Sections 39 -71 -401, 39 -71 -405,
and 39 -41 -417, MCA. Proof of compliance must be in the form of workers' compensation
insurance, an independent contractor's exemption, or documentation of corporate officer status.
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Neither the Grantee nor its employees are employees of the State. This insurance /exemption
must be valid for the entire term of the Contract. Proof of compliance and renewal documents
must be sent to the Department.
Section 25. FORCE MAJEURE
Neither party shall be responsible for failure to fulfill its obligations due to causes beyond its
reasonable control, including without limitation, acts or omissions of government or military
authority, acts of God, materials shortages, transportation delays, fires, floods, labor disturbances,
riots, wars, terrorist acts, or any other causes, directly or indirectly beyond the reasonable control
of the non performing party, so long as such party is using its best efforts to remedy such failure or
delays.
Section 26. SEPARABILITY
A declaration by any court, or any other binding legal forum, that any provision of the Contract is
illegal and void shall not affect the legality and enforceability of any other provision of the Contract,
unless the provisions are mutually dependent.
Section 27. NO ARBITRATION
Unless otherwise agreed to in writing or provided for by law, arbitration is not available to the
parties as a method of resolving disputes that would arise under the Contract.
Section 28. REFERENCE TO CONTRACT
The Contract number must appear on all invoices, reports, and correspondence pertaining to the
Contract.
Section 29. NO WAIVER OF BREACH
No failure by the Department to enforce any provisions hereof after any event of breach shall be
deemed a waiver of its rights with regard to that event, or any subsequent event. No express
failure of any event of breach shall be deemed a waiver of any provision hereof. No such failure or
waiver shall be deemed a waiver of the right of the Department to enforce each and all of the
provisions hereof upon any further or other breach on the part of the Grantee.
Section 30. JURISDICTION AND VENUE
This Contract is governed by the laws of Montana. The parties agree that any litigation concerning
this Contract must be brought in the First Judicial District in and for the County of Lewis and
Clark, State of Montana, and each party shall pay its own costs and attorney fees.
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Section 31. INTEGRATION
The Contract contains the entire agreement between the parties, and no statements, promises, or
inducements of any kind made by either party, or the agents of either party, not contained herein
or in a properly executed amendment hereto are valid or binding.
IN WITNESS OF THE TERMS SET OUT ABOVE, the parties hereto have caused this
Contract to be executed.
CITY OF BOZE'MIAN
C u-3-
Chris Kykylski, City Manager Date
B 02.
K3 iy
APP S TO FORM:
7
City torney
MONTANA DEPARTMENT OF COMMERCE:
Anthony J. Preite, Director Date
Montana Department of Commerce
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Exhibit A
Project Budget
PROJECT BUDGET FOR HB 645 INFRASTRUCTURE PROJECT
Town of Bozeman
Qualifying HB 645 Total
Projects Grant Funds Project
Criterion Cost
City Vehicle Maintenance Shop L_�'1�� $278,138.45 $278,138.45
ADA Pedestrian Ramp Improvements v $90,000.00 $90,000.00
Bogert Park Tennis /Basketball Courts vi $90,000.00 $90, 000.00
Bogert Park Sidewalk Replacement vi $35,000.00 $35,000.00
Depot Park Phase 2 Imp rovements vi $18,600.00 18,600.00
N 7th Oak Street Sidewalk Improvements �v) $110,400.00 $110,400.00
TOTAL PROJECT COSTS $622,138.45
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Exhibit B
Project Implementation Schedule
IMPLEMENTATION SCHEDULE FOR THE CITY OF BOZEMAN
QUARTERS 2009 QUARTERS 2010 QUARTERS 2011
TASK iST 2 N 3RD 4 TH I ST 2 N 3 RD 4 TH iST 2 ND
PROJECT START -UP
X
A. Sign contract with Department of
Commerce
X
B. Secure approval of other fundin
X X X X X X
C. Submit ARRA progress reports
PROJECT CONSTRUCTION
X X X X X
A. Arch itectu ral/Eng i neeri ng Design
X X X X
B. Construction and purchase and
installation of equipment
X X
C. Final Inspection
PROJECT CLOSE -OUT
X
A. Submit project completion report.
X X
B. Include project in audits.(FY 09 -10
audit should be performed in Feb.
of 2011
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M,3
TANA.
Department of Commerce
COMMUNITY DEVELOPMENT DIVISION
P, 0. Box 200523 Helena, Montana 59620 -0523
Phone: 406-841-2770 Fax:406- 841 -2771
MEMO
TO: Anthony J. Preite, Director.
Montana Department of Com rce
FROM: Dave Cole, Administrator
Community Development Division
DATE: October 20, 2009
RE: Request for a Change in a Scope of Work for a HB 645 Local Government
Infrastructure Grant Project from the City of Bozeman
HB 645 provides that if local governments need to change the scope of work for their
grant project from that specified in the bill they may propose to the Department of
Commerce an alternate project) based on the criteria in subsection (2)(c). Under HB
645, "If the alternate project meets the criteria in subsection (2) (c), the Department
shall approve the project."
The criteria of subsection (2) (c) include:
(i) designing, erecting, repairing, and remodeling public buildings or making energy
efficiency improvements to public buildings;
(ii) designing, constructing, and repairing sewers, storm sewers, sewage treatment and
disposal plants, waterworks, and reservoirs;
(iii) designing, constructing, and repairing bridges, docks, wharves, breakwaters, and
piers;
(iv) designing, constructing, reconstructing, improving, maintaining, and repairing roads;
(v) acquiring, opening, or widening any street and improving the street by designing,
constructing, reconstructing, and repairing pavement, gutters, sidewalks, curbs, and
vehicle parking strips;
(vi) designing, building, renovating, and equipping parks and other recreation facilities;
and
(vii) installing street lighting.
*Zw
The City of Bozeman originally proposed to address the following projects with its HB
645 grant: "Water System Treatment Project; Water Reclamation Facility Water
Treatment Plant Design; Recreation Facility Improvements; Sidewalks and Restroom
Upgrades in Parks; and Debris Removal" as the City's HB 645 infrastructure projects.
As described in the attached letter of October 1, 2009, they now propose alternate
projects. The City's revised Scope of Work, with approximate budgets, would include:
Alternate Project Activities Budget HB 645 Criteria
City Vehicle Maintenance Shop $277,000 i
ADA Pedestrian Ramp Improvements $90,000 v
Bogert Park Tennis /Basketball Courts $90,000 vi
Bogert Park Sidewalk Replacement $35,000 A
Depot Park Phase 2 Improvements $18,000 A
North 7 Oak Street Sidewalk Improvements $110,400 v
TOTAL $622,138.45
The City stated that the alternate projects are consistent with HB 645 criteria and cited
each appropriate criteria above.
I recommend your approval of their request as consistent with the criteria of HB 645.
If you concur, please sign below.
Approved:
Anthony J. Preite, Director Date
Montana Department of Commerce
BOZO, CITY OF BOZEMAN
Bozeman, Montana
88 i
C
O.
October 1, 2009
Mr. Dave Cole
HB 645 Local Government Infrastructure Grants
Community Development Division, MDOC
PO Box 200523
Helena, MT 59620 -0523
RE: Request for Change of Scope
Dear Mr. Cole:
The City of Bozeman would like to propose to the Department of Commerce alternative projects
to those listed in Section 57, subsections (2)(a) and (2)(b) based on the criteria in subsection
(2)(c). Section 57 currently states that the City of Bozeman will invest in the water system
treatment project, water reclamation facility --water treatment plant design, recreation facility
improvements, sidewalks and restroom upgrades in parks, and debris removal.
The Bozeman City Commission has determined that the HB645 Local Government
Infrastructure Grant would provide greater tax relief if used to help fund a City Vehicle
Maintenance Shop instead of the Water System Treatment Project, Water Reclamation Facility,
and Water Treatment Plant Design. In addition, the Commission determined that ADA
pedestrian ramp improvements are more critical than facility restroom upgrades. Finally,
downtown debris removal was completed, thus freeing HB645 Local Government Infrastructure
Grant monies. The following table outlines our proposed projects and connection to the seven
criteria in subsection (2)(c):
HB645 Local Infrastructure Projects Amount Qualifying Grant Criterion
City Vehicle Maintenance Shop $277,000 (i) designing and erecting public buildings
ADA Pedestrian Ramp Improvements $90,000 (v) improving the street by designing and constructing
utters, sidewalks, and curbs
Bogert Park Tennis /Basketball Courts $90,000 (vi) equipping parks and other recreation facilities
Bogert Park Sidewalk Replacement $35,000 (vi) renovating parks
Depot Park -Phase 2 Improvements $18,600 (vi) equipping parks
N 7 Oak Street Sidewalk $110,400 (v) improving the street by designing, constructing, and
Im rovements re airing utters, sidewalks, and curbs
TOTAL $621,000
J fir':
Strcet address: 121 N. Rouse Aver t fry �r y r4vi Phone: (40b) 5$2 2300
Mailing address: P.O. Box 1230 Fax: (406) 582 -2344
Bozeman, Montana 59771 -1230 TDD: (406) 582 -2301
Please consider changing the scope of our HB645 Local Government Infrastructure Grant to
include the projects outlined above.
Thank you for your consideration.
Sincerely,
Chris Kukulski
Bozeman City Manager
2