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HomeMy WebLinkAboutOak Street CTEP trail agreement with Gallatin County Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Dustin Johnson, Project Engineer Rick Hixson, City Engineer SUBJECT: Oak Street CTEP trail agreement with Gallatin County MEETING DATE: April 15, 2013 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize City Manager to sign agreement with Gallatin County to allow Gallatin County to act as the lead party in managing the construction of a bike/pedestrian path along Oak Street funded with Community Transportation Enhancement Program (CTEP) funds. BACKGROUND: Previously the City Commission adopted the CTEP prioritized projects with the acceptance of the CTEP Capital Improvements Projects (CIP). The projects listed in the CIP included various sections of missing sidewalks, bike/pedestrian facilities, and missing accessible curbs. Among the projects listed was a bike/pedestrian path on the south side of Oak Street. The proposed path is located in a mixture of City of Bozeman and Gallatin County jurisdiction. Early in the process it was decided that Gallatin County would take the lead on this project and bundle it with other similar bike/pedestrian pathways located in the county in order to cut costs on the project. The intent of the agreement is to delegate the City’s CTEP funds to Gallatin County to fund the portion of the project within City’s right of way. The City will still be required to pay its portion of CTEP matching funds for this project along with an indirect administration fee to Gallatin County. Thus far the City and County have partnered together in this project in submitting the CTEP application, and selecting a design engineer. This agreement will now formalize the partnership moving ahead in the project. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission. 7 FISCAL EFFECTS: The City’s CTEP fund will be responsible for $21,415.50 of the project cost. In addition the City will be responsible to cover $3,083.18 for the required CTEP matching fund and the County’s indirect administration cost. All matching funds and the County’s indirect cost have been accounted for in the preliminary budgets when the CTEP funds were originally granted to the City. Attachments: City-County CTEP Agreement (2copies) Report compiled on: 4/4/2013 8 RESOLUTION 2013 - A RESOLUTION BY GALLATIN COUNTY APPROVING A SUBRECIPIENT CONTRACT WITH THE CITY OF BOZEMAN MONTANA FOR THE PURPOSE OF PASSING FEDERAL GRANT FUNDS FOR THE PROJECT #7987, STPE 16(90) BIKE/PED PATHS GALLATIN COUNTY. CFDA # 20.205; This resolution was introduced by ___________, moved by Commissioner____________, seconded by Commissioner_______________ and approved by a vote ___ in favor and ___ opposed on _______________, 2013. WHEREAS, the Board of County Commissioners has previously entered into sub recipient contracts with other municipalities regarding the passing of federal grant funds received from the Montana Department of Transportation Community Transportation Enhancement Program (CTEP) for the construction of bicycle and pedestrian paths; and WHEREAS, the parties have negotiated a sub recipient contract beginning March 19, 2013 and terminating November 30, 2014; and WHEREAS, the Board of County Commissioners finds and determines that approval and ratification of said agreement is in the best interest of residents of the Gallatin County will promote the general health, safety and welfare. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE GALLATIN COUNTY BOARD OF COMMISSIONERS THAT A SUBRECIPIENT AGREEMENT BETWEEN GALLATIN COUNTY AND THE CITY OF BOZEMAN IS APPROVED, as follows: SECTION 1. That the sub recipient contract, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, by and between the Gallatin County and the City of Bozeman, is hereby approved. SECTION 2. The City Manager for the City of Bozeman is hereby authorized to execute and administer such agreement for and on behalf of the City of Bozeman. SECTION 3. This Resolution shall be effective upon passage, approval and signatures hereon in accordance with law. Adopted this __ day of ______, 2013. BOARD OF COMMISSIONERS GALLATIN COUNTY _______________________________ Joe P. Skinner, Chair ATTEST: __________________________________ Charlotte Mills Clerk and Recorder 9 OAK STREET CTEP PROJECT FY 2013 FACE SHEET SUB RECIPIENT IS A SUBGRANTEE  VENDOR CONTRACT NUMBER: 1. SUBRECIPIENT NAME/ADDRESS: Agency: City of Bozeman 615 S.16th, P.O. Box 1230 Bozeman, MT 59715 2. ORIGINAL CONTRACT AMOUNT: $21,415.50 5. PREVIOUS CONTRACT AMOUNT: 3. CASH MATCH REQUIREMENT: $3,083.18 6. MODIFICATION AMOUNT: 4. TOTAL CONTRACT AMOUNT: $21,415.50 7. NEW TOTAL CONTRACT AMOUNT: 8. SUBRECIPIENT CONTACT INFO: Name: Dustin Johnson. P. E. Phone: Fax: (406) 582-2321 9. COUNTY PROGRAM CONTACT INFO: Larry Watson, Grants & Projects Administrator, Gallatin County, 311 West Main , Room 304,Bozeman, MT 59715 10. COUNTY FISCAL CONTACT INFO: City of Bozeman Attn: Dustin Johnson, P. E. 121 North Rouse Bozeman, MT 59771 11. CONTRACT START DATE: 03/19/13 12. CONTRACT END DATE 11/30/14 l3. FUNDING AUTHORITY: U. S. Department of Transportation CTEP FEDERAL FUNDING 14. CFDA NUMBERS(s): 20.205 15. CFDA TITLE(S): Community Transportation Enhancement Program 16. PURPOSE: To provide local and tribal governments with U.S. Department of Transportation , CTEP funds, to provide for transportation enhancement projects. EXHIBITS: When the box below is Contract by reference: marked with an X, the following Exhibits are attached and are incorporated into this 17.1 Exhibits (specify): EXHIBIT A an an. : This Contract contains all of the terms and conditions agreed upon by the parties and all documents attached or incorporated by reference, include Basic Interagency Agreement or its successor. No other understandings or representations, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Contract and have authority to enter into this Contract. SUB RECIPIENT BOARD OF COUNTY COMMISSIONERS Joe P. Skinner, Chairman Name, Title R. Stephen White, Commissioner Date William A. Murdock, Commissioner Constituting the Board of County Commissioners for Gallatin County, Montana 10 EXHIBIT "A" 1. General Understanding. (a) The primary purpose of this Agreement is to allow the County as Grantee to delegate the certain responsibilities and obligations regarding the Grant and Project to the Sub Recipient as provided in this agreement. (b) Sub Recipient shall assume all responsibility for the long term maintenance of the Bicycle and Pedestrian Path Project property pursuant to CTEP program requirements, including without limitation all future maintenance costs, expenses, repairs, and obligations. (c) The Sub Recipient shall provide all matching funds necessary to fund the project pursuant to CTEP reimbursement guidelines. d) The Sub Recipient will make payment of the non-CTEP portion of the County Indirect Cost Rate to the County. e) The Sub Recipient will not directly receive grant funding or acquire ownership of any assets resulting from the expenditure of the grant funds. Sub-recipients: A. General: Sub Recipients of federal awards as defined by Office of Management and Budget (OMB) Circular A-133 and this Contract, the Contractor shall: I. Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity; II. Maintain internal controls that provide reasonable assurance that the Sub Recipient is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; III. Prepare appropriate financial statements, including a schedule of expenditures of federal awards; IV. Incorporate OMS Circular A-133 audit requirements into all agreements between the Sub Recipient Contractor and its Subcontractors who are sub recipients; V. Comply with any future amendments to OMB Circular A-133 and any successor or replacement Circular or regulation; VI. Comply with the applicable requirements of applicable Circulars defined under Circulars "Compliance Matrix" found in item 5. of the General Terms and Conditions and any future amendments to them, and any successor or replacement Circulars or regulations; and 11 B. Single Audit Act Compliance: If the Sub Recipient expends $500,000 or more in federal awards from all sources in any fiscal year, the Sub Recipient shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Sub Recipient shall: I. Submit to the County contact person, listed on the first page of this Contract, the data collection form and reporting package specified in OMB Circular A- 133, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor; II. Follow-up and develop corrective action for all audit findings; in accordance with OMB Circular A-133, and prepare a "Summary Schedule of Prior Audit Findings." 2. No New Entity. The parties agree that no rights or obligations are created in any other party by entrance into this agreement nor is any new legal entity created. 3. Contingent on Grant. The parties agree this Agreement is contingent upon the authorization of the source agency of the Grant. 4. Sub Recipient Responsibilities. (a) Sub Recipient will name Dustin Johnson, P. E., as contact person who shall receive and examine the documents supplied by the County, act as liaison between the County and the Sub Recipient and respond to requests from the County in writing promptly to prevent unreasonable delay in the progress of the Project. (b) Sub Recipient shall provide the required documentation and payments to Gallatin County (As necessary to award the Preliminary Design Contract to the Project Engineer) for the matching funds portion of the Grant (13.42%) in the amount of $2,873.96 as part of the total Preliminary Design budget of $21,415.50. Upon Acceptance of the Preliminary Design and Revised Project Budget, this agreement will be modified to reflect the addition project budget amount and associated matching requirements as needed to bid and construct the project. The County will submit a minimum of two requests for payment or invoice to the Sub Recipient. (c) The Sub Recipient shall also provide payment to Gallatin County for the portion of the County Indirect Cost Rate (7.28%), not reimbursed with CTEP funds, in the amount of $1,559.00. (d) The Sub Recipient understands and agrees that the County is relying on the Sub Recipient’s agreement herein to enter into the CTEP Project Agreement (Exhibit B), and that any delays in Sub Recipient’s performance or payments may result in damages to the County which damages the County would hold the Sub Recipient strictly liable. The Total Sub Recipient obligations are $3,083.18 5. This Agreement will be modified, if the Project Design and Bid Estimates result in project Bidding and Bid Award, to reflect the full Sub Recipient financial participation in the construction of the project. As project costs increase from this initial budget, the Sub Recipient will be responsible for paying 13.42% of the overage and 50% of the non-CTEP County Indirect Cost Rate related to the increase. 6. County Obligations. The County will comply with all terms and conditions of the Grant, and shall administer the Grant and Project in compliance with all applicable state and federal law. The County will name Larry Watson, Gallatin County Grants & Projects Administrator, as contact person who shall receive and examine the documents supplied by the Sub Recipient, act as liaison between the Sub Recipient and County and respond to requests from 12 the Sub Recipient in writing promptly to prevent unreasonable delay in the progress of the Project. 7. Time is of the Essence. Sub Recipient shall perform all services, obligations, and requirements without delay time being of the essence. 8. No Waiver. The waiver or failure to enforce any provision of this agreement shall not operate as a waiver of any future breach of any such provision or any other provision. No covenant, term, or condition of this agreement shall be deemed waived by either party unless such waiver shall be reduced to writing and signed by the parties. 9. Recording. This Agreement consists of 7 pages. The original will be kept by the Gallatin County Clerk and Recorder. A copy of the original signed agreement has the same force and effect as the original. Sub Recipient shall provide a certified copy in recordable form of a resolution authorizing the Sub Recipient to enter this agreement. 10. Indemnification. The Sub Recipient waives any and all claims and recourse against the County, including the right of contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to the performance of this Agreement except claims arising from the negligence or intentional acts of the County or its officers, agents, or employees. 11. Suspension and Termination. The County may suspend or terminate this agreement if the Sub Recipient is in default or breach, or fails to comply with the terms of this agreement, the CTEP maintenance agreement, or if the Grant is suspended or terminated for any reason. 12. Venue and Jurisdiction. (a) In an action to enforce the terms, covenants, or conditions of this agreement, the prevailing party shall be entitled to reasonable attorney fees, including fees of either the Sub Recipient's or County Attorney or their respective staff, to be set by the appropriate court. (b) Proper venue for any action to enforce this Agreement shall be brought in the District Court of the Eighteenth Judicial District, Gallatin County, Montana. 13. General Provisions. (a) All notices made pursuant to this agreement shall be delivered to the addresses above by first class certified mail. (b) This Agreement shall be governed and interpreted according to the laws of the State of Montana. (c) Section headings are for convenience only and are not intended to define or limit any provisions of this Agreement. The provisions of this Agreement are independent and severable, and the invalidity, partial invalidity, or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision. (d) This document represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, agreements or representations, either written or oral. This Agreement may be amended only by written instrument signed by the parties. The parties respectively, bind themselves, their successors, assigns and legal representatives to the other party and to the successors, assigns and legal representatives with respect to all covenants, terms, or conditions of this agreement. (e) No party shall assign this agreement without the written consent of all others. 14. Consultation. The undersigned having had the opportunity to consult with legal counsel and have the requisite capacity and legal authority to bind the County, and Sub Recipient respectively. 13 IN WITNESS WHEREOF the parties hereby execute this agreement on the ___ day of _________________, 2013. Gallatin County _______________________ Joe P. Skinner, Chair Board of Commissioners City of Bozeman ________________________ Chris Kukulski, City Manager Attest: ________________________________ Charlotte Mills, Clerk & Recorder 14