HomeMy WebLinkAboutConstruction Agreement with MDT for College Street from Main to South 19th Project_14
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Kerr, Engineering Assistant
Rick Hixson, City Engineer
SUBJECT: Construction agreement with the Montana Department of Transportation
College Street – Main to 19th Project
MEETING DATE: March 3, 2014
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve the Construction agreement with the Montana Department
of Transportation College Street-Main to 19th Project.
SUGGESTED MOTIONS:
I move to take from the table the motion made to table this matter on January 27, 2014 by
Deputy Mayor Taylor and seconded by Cr. Andrus.
AND
I move to authorize the City Manager to sign the Construction agreement with the Montana
Department of Transportation College Street-Main to 19th Project.
BACKGROUND: The Montana Department of Transportation requires that a construction
agreement be approved by the City Commission for the College Street – Main to 19th project so
that the project is eligible for federal funding.
At the City Commission meeting on January 27th, 2014, the Commission pulled this item from
the Consent Agenda and placed it on the Action Items list. The Commission expressed an
interest in looking at the design of this project more before the contract is signed. The Montana
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Department of Transportation (MDOT) stated that they would be happy to show the plan to the
Commission. The Commission then tabled this matter until a further meeting.
A copy of the agreement is attached.
UNRESOLVED ISSUES: None identified.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: If the agreement is not approved the project will not be eligible for
federal funding.
Attachments: Attorney Memo
Construction Agreement
Report compiled on: February 25, 2014
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney
Greg Sullivan, City Attorney
SUBJECT: Construction Agreement with Montana Department of Transportation
College Street – Main to 19th Project
MEETING DATE: March 3, 2014
AGENDA ITEM TYPE: Action
RECOMMENDATION: Authorize City Manager to sign agreement. BACKGROUND: The purpose of this agreement is to set forth the responsibilities and duties
of the State and the City with respect to the College Street Main to 19th project. In order for the
project to be eligible for federal funds the State must ensure that certain requirements are met.
The City is asked to agree to comply with four (4) principal statutes; namely, Title VI of the Civil Rights Act of 1964 for Federal-Aid Contracts, the Montana Governmental Code of Fair Practices, the Americans With Disabilities Act, and Participation By Disadvantaged Business
Enterprises In Department of Transportation Financial Assistance Programs. A question
presented is, what circumstances might necessitate compliance with these statutes? Mr. Tim
Reardon, Chief Counsel for Montana Department of Transportation, reports that these requirements are standardized by the Federal Highway Administration (FHWA) of the U.S Department of Transportation, and contemplate contracts or subcontracts for construction
projects, which in this instance are let and administered by the State. The requirements are also
intended to ensure construction of sidewalks, installation of signs, etc. is ADA compliant.
Again, this would be the responsibility of the State.
Report compiled on: February 24, 2014
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C O N S T R U C T I O N A G R E E M E N T
THIS AGREEMENT is made and entered into by and between the State of Montana,
acting by and through its Department of Transportation, hereinafter called the “State” or
“Department”, and the City of Bozeman, a Montana Municipal Corporation, hereinafter
called the City.
W I T N E S S E T H T H A T:
THE PURPOSE OF THIS AGREEMENT IS TO SET FORTH THE RESPONSIBILITIES
AND DUTIES OF THE STATE AND THE CITY WITH RESPECT TO A FEDERAL AID
HIGHWAY AND ADJACENT PEDESTRIAN FACILITIES PROJECT WITHIN THE
CITY OFBOZEMAN, MONTANA.
I. WHEREAS, the State proposes to construct and/or reconstruct a certain highway
AND ADJACENT PEDESTRIAN FACILITIES (SIDEWALKS) in and through the City,
the construction being known as Federal Aid Project No. STPU 1210(2), also known as
College-Main to S. 19th, and
WHEREAS, the construction will be over and upon Route 1210 in the City of
Bozeman, beginning at approximately RP 0.00 (Primary Rout 50) and extending
easterly approximately 0.6 mi to RP 0.6 and
WHEREAS, the State desires to receive Federal funds to construct the highway,
and
WHEREAS, in accordance with the State’s agreement with the Federal Highway
Administration (FHWA) of the U. S. Department of Transportation, the State must
ensure that certain requirements are met in order for the State to fulfill its obligations to
the FHWA and for the project to be eligible for federal funds. Accordingly, the State
includes federal requirements, which are among those hereinafter set forth, for this
project, and the City agrees to them, and
WHEREAS, this document must be duly executed and on record with the State
and FHWA before the work contemplated can be awarded to contract, and
WHEREAS, the City hereby concurs in the designation of the highway which was
designated under Section 60-2-110, MCA, and
WHEREAS, the City desires to have the construction done, the City deeming it to
be a valuable and beneficial consideration,
II. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
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