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Home My WebLink About10- MDT Utility Agreement HSIP 86-1(43)3 I/C SF069- Guardrail - Bozeman NE!!elTs11111'iWeeeee nude/dig you will, pride, April 21, 2010 City of Bozeman Attn: Debbie Arkell PO Box 1230 Bozeman, MT 59771-1230 Subject: HSIP 86-1(43)3 I/C SF069 Guardrail Bozeman NE Control No. 6077 Walt Scott Supervisor-Utility Section WS:sg Attachments Utilities Section, Right of Way Bureau Phone (406) 444-6081 ince Peldel Montana Department of Transportation 2 Prospect A venue PO Box 20100 r r 55620 100 An EgiJai Opporturuty Employer KI irrn Liirsch Brio'n Schweitzo Goverrsot Attached is one signed copy and one facsimile copy of our utility agreement with the City of Bozeman covering the changes to your water facilities as required on subject project. All work to be performed under this agreement will be accomplished by the use of the State's contractor. You will be notified when the State has awarded the contract for this project. Compliance with the "Regulations Governing Occupancy of State Highway System Right-of-Way by Utility Facilities" regarding approval of common use agreements, occupancy agreements and encroachment permits must be obtained before this construction work by our contractor can begin. Copies Suzy Price Contract Plans (w/c of agreement) Manager R/W Design/Plans Section Helena Paul R. Ferry, P.E. Highway Engineer (w/c of agreement) David W. Jensen Supervisor Fiscal Programming Section (w/c of agreement) Mary Spaulding Construction Bureau Helena (w/copy of agreement) Eric Romero Special Proj Account Accounting System Operations (w/c of agreement) Don Reidelbach Engineering Contract Specialist Utilities Section Helena William Fogarty District Construction Engineer Butte (w/3c of agreement) Engineenng Division TTY (800) 335-7592 ...teed. eied, March 30, 2010 City of Bozeman ATTN Debbie Arkell PO Box 1230 Bozeman, MT 59771 -1230 Montana Department of Transporta 2701 Pr f A.er,ue PO Sox 201001 Heenc ,b1T 59620- 1001 Subject: HSIP 86- 1(43)3 I/C SF069 Guardrail Bozeman NE Control No. 6077 The anticipated utility work is to adjust one (1) water valve at approximately $300.00 each. The total project cost is anticipated to be $300.00. Please provide any requirements you will require for adjustment of the water valve. Lync Do ec r, rrr vve,01r.4 Due to a pending highway construction project, a portion of your water facilities are in conflict and will have to be adjusted. For minor relocation work the Department of Transportation "MDT" will design and make the adjustment of the water or sewer facilities in conflict at no charge to the City of Bozeman, "OWNER provided the work does not exceed $25,000.00. We anticipate that the total cost will be approximately $300.00, however, if the total cost of work to adjust the OWNER'S facilities is $25,000.00 or more, the OWNER will be charged for 25% of the total cost of the work and an additional 8% of the OWNER'S share for traffic control and 8% of the OWNER'S share for mobilization. If the final cost of work to adjust the water facilities is less than $25,000.00, there will be no charge to the OWNER. 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 current indirect cost rate is 14.06% for fiscal year 2010 (July 1, 2009 to June 30, 2010). 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 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.] If the bid for the total cost of work to adjust the OWNER'S facilities is $25,000.00 or more, the OWNER will be billed 30 days after bid opening for its portion. If, due to later increases, the total cost of work to adjust the OWNER'S facilities exceeds $25,000.00, the OWNER will be billed 30 days after discovery of that cost increase for its portion. The STATE will provide a detailed breakdown from estimated quantities of all costs with the billing. 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. Utilities Section, Right of Way Bureau Phone. (406) 444 -6081 Fax. (406) 444 -6091 An Equal Employer Engineenng Division TTY. (800) 335-7592 Web Page www.mdt mt.gov Provided OWNER is in agreement, please sign the following certification and return this letter to the Supervisor, Utility Section. The MDT will incorporate the work in the construction contract. OWNER certifies that the water valve is part of a public utility facility, and further agrees to permit the MDT to design and MDT'S contractor is to adjust the facilities in conflict with the construction project. OWNER'S share to be billed by MDT and paid by the OWNER in accordance with the MDT'S Accounting Bureau billing procedure. The billing by the MDT'S Accounting Bureau will be for the OWNER'S share of actual construction cost based on actual bills as furnished by the contractor for all water line project work including the 8% charge for Traffic Control and 8% charge for Mobilization. OWNER agrees that if the final cost of the work is $25,000.00 or more, the OWNER will pay MDT 25% of the total cost of work and an additional 8% of the OWNER'S share for traffic control and 8% of the OWNER'S share for mobilization, and the current Indirect Cost. It is understood that the OWNER agrees to inspect the adjustment of the facilities during the work. Upon completion of the work and acceptance, by OWNER, all responsibility of the MDT ceases. It is understood that the OWNER is responsible for obtaining any permits required for adjustment of their facility. LJ WS:sg Owner Signature and Title Walt Scott Supervisor-Utility Section Date (1) (3) (5) 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 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. 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. 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 Revised November 17, 2005 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 an 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. direct to enforce such provisions including sanctions for noncompliance: Provided, however, that in the event the Party is sued or is threatened with litigation by a subcontractor or supplier as a result of such direction, the Party may request the State to enter into the litigation to protect the interests of the State, and, in addition, the Party or the State may request the United States to enter into such litigation to protect the interests of the United States. 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) 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 All video recordings produced and created under contract and/or agreement will be closed- captioned. NON DISCRIMINATION NOTICE UTILITY AGREEMENT HSIP 86- 1(43)3 IIC SF069 Guardrail Bozeman NE Control No. 6077 During the performance of this Agreement, Montana Department of Transportation (hereinafter in this Section "Department") for itself, its assignees and successors in interest, agrees as follows: A) COMPLIANCE WITH BOZEMAN CITY COMMISSION RESOLUTION NO. 4250 The Department agrees not to discriminate in the fulfillment of this Agreement on the basis of race, color, religion, creed, sex, marital status, national origin, or actual or perceived sexual orientation, gender identify or disability. The Department agrees this requirement shall apply to the hiring and treatment of the Department's employees and to all subcontracts. Note: 100% State Cost Share SG: bd Su mary of Costs for City of ozeman Subject HSIP 86-1(43)3 IX SF069 Guardrail Bozeman NE Control No. 6077 Water Valve Adjustment Item No. 621013110 Quantities 1 Description Adjust Water Valve Unit each Unit Cost Total Unit Cost $300,00 $300.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $300.0 P PR( V Ed.) DTE_ 3 30 zoto. Walt Scott Supervisor-Utility Section Montana Department of Transportation P. 0. Box 201001 Helena, MT 59620-1001 Dear Walt: RE: HSIP 86-1(43)3 I/C SF069 Guardrail Bozeman Control No. 6077 CITY OF BOZEMAN Bozeman, Montana April 14, 2010 Enclosed please find the two signed originals of your utility agreement covering the changes of our water facilities required on the subject project. Please note that I have inserted the Non-Discrimination Notice required by Bozeman City Commission Resolution No. 4250 in each of the agreements. This wording was approved by MDT's legal department (e-mail from Steven Giard attached for your file). Also enclosed is City of Bozeman Standard Drawing No. 02213-2 showing the required water valve adjustment detail. Please ensure the valve is adjusted as required in this drawing. If you have questions regarding the valve adjustment, please contact John Alston, Water Superintendent, 582-3215 or jaIston(z)bozeman.net. Street address: 121 N. Rouse Ave Mailing address: P.C. Box 1230 Bozeman, Montana 597714230 Sincerely, '1 (t Debra H. Arkell Director of Public Services DAJdla Enc. Cc: John Alston, Water Superintendent (with copy of Agreement and plans Bob Murray, Senior Engineer (with copy of Agreement and Plans Read File Thom: (406) 582-2300 Fax: (406) 582-2344 TDD: (406) 582-2301 1 1 1 1 COMPACTED BASE SUBGRADE NOTES: CITY OF BOZEMAN STANDARD DRAWING f4 A5 44k) dp'i' (ortrstcr 100 al4 etdoi ov nili ez--. SCALE: NONE TOP OF NEW PAVEMENT 1. Adjust water vo1vo upward or downward as required. Final adjustment shall be mode after paving and before seal coating. 2. Model No. 69 8550 series, East Jordan iron works adjustable screw—type risers may be used to raise or adjust existing valve boxes only. 3. Valve box adjustment shown is designated as Type II water valve adjustment. Type I water valve adjustment is similar except with a concrete collar. WATER VALVE ADJUSTMENT NO. 02213-2 DETAIL Feb. 2004 cr 0 5 OS '1 "viS 00 "05+9 "ViS z I0 Bl 30-901 '01 00 01,-eC '010 zzaratiffiffg 'S S z ONIO3S REMARKS '1 4 26+3O 1 -I 36.21 I I 47.43 1 1 J6.76 j 1 I 1 1 UTP6 4 1 I 17 i 1 i I I i 3.0 j I 2 JON I 1 ON I P 2,. ..g. E .1; ,5 NOlitilD9a111 r, i- '1 4 26+3O 1 -I 36.21 I I 47.43 1 1 J6.76 j 1 I 1 1 UTP6 4 1 3 A C 5 GE'R C 9_�_ s C A ftO 5 1 1 G£ n, X RGSS ;r. 0 P R i s a o r. ,44 '9' ,,z, I 3 0081, 5526 0526 5826 5226 OLL6 5926 0926 HSI? 86- 1(37)3 SHEET 9 OF 14 OF TRAMSFORTATION LS L`V L' L1` L u V (N L J L GAL LATi;i CaUVTY CSf 0,419-0 ?207 CPU 6O17OO6 e MM i a r 4.4 MO 1 ti 0096 5626 0626 1 9826 0821, 5221; 02 26] 9926 0921, 00/1 /D C 0)) 'C} 0) 00 N C0 "1 01 01 /3) X0-0 X) N. h„ 407 CO r... N4,. 008 -o*- 0) N W V O /0 0" c0 CO N. I. 00 N. N., h. u 1,0 99'492 01 rl co co 6h '4.114 1,021 X3 NMd 8/Ad •Ma 3 V9 900/ X0 //08 93 u> N cC V O va 01 01 2; CO CO r\ h_ h h. 1.. h_ r.. 'f Ct R Cr CF V- C0 N 0 -0 V 4 00 01 01 0.1 CO 00 No., N. N, ti r N\ <t 'C <F V R 00 /606 X 00 N co 'P 0 CO a', com O )n 0 O O 0 0 0 NMd -9- 731 O 13917 t7' 0) 008 731 0 N O O O 0 0 O 0) O 0 u,F a