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HomeMy WebLinkAbout09-17-07 SRTS Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Sara Folger Chris Kukulski, City Manager SUBJECT: Safe Routes to Schools Infrastructure Grant Award MEETING DATE: September 17, 2007 RECOMMENDATION: Authorize Mayor’s signature on SRTS Infrastructure Grant #UPN 6166006. BACKGROUND: The Safe Routes to Schools Program (SRTS) is a new funding program allocated from the 2005 Transportation Bill. Each state is awarded a minimum of $1MM per year for six years to implement traffic safety improvements and education projects in schools throughout the state to increase security for students, thus encouraging students to walk and bike to school. 17 SRTS projects have been approved in Montana for 2007-2008. This program is administered by the Federal Highway Administration at the federal level, and in Montana by two agencies: the Healthy Mothers Healthy Babies (HMHBMT) program and MDT’s Community Transportation Enhancements Program (CTEP). In June Bozeman was awarded a non-infrastructure grant of $31,370.00 to implement education and outreach for SRTS. This grant is administered by HMHBMT. On September 4, Bozeman was awarded an infrastructure SRTS grant of $24,952.00 for traffic calming, signaling devices, and crosswalk signage. This SRTS funding is administered by CTEP. These first-year SRTS grants are being used to implement a pilot project at Emily Dickinson School. Cathy Costakis of MSU and Lt. Rich McLane of Bozeman Police Department have coordinated the grant requests and project planning, and will implement the pilot project as part of a group formed in 2006 to launch the Emily Dickinson SRTS effort. This funding is separate from $20,000 budgeted by the Commission in August, which will help pay for a Safe Routes to School City-wide study related to the Transportation Plan Update. This funding is allocated from the Special Project fund, and is being administered through the City Manager’s office. 87 FISCAL EFFECTS: None. Unlike most transportation-related projects, SRTS is 100% Federal-Aid funded, and requires no matching funds. Cost to the City is reflected in a small amount of staff time required for proper administration and reporting on the use of funds. ALTERNATIVES: As suggested by the Commission. Respectfully submitted, _________________________________ ____________________________ Sara Folger Chris A. Kukulski Grants Administrator / CTEP Coordinator City Manager Report compiled on 9/12/07 88 RADAR UNITS BOZEMAN Control No 6166 Unit 006 PROJECT AGREEMENT 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 and the City of Bozeman hereinafter called the City WITNESSETH THAT WHEREAS the City proposes to develop and construct a Safe Routes to School SRTS project Control Number 6166 Unit 006 titled RADAR UNITS BOZEMAN hereinafter the projecr and WHEREAS the State and the City recognize the need to develop and construct the project and are willing to share in its costs in accordance with this agreement and WHEREAS the State and Federal Highway Administration FHWA will not partiCipate in the development and construction of the project unless the City agrees to the conditions set forth and WHEREAS the estimated cost of the project s development and construction is 24 952 and WHEREAS the financial participation for the project development and construction will in part be with federal aid funds made available in federal fiscal 2007 and WHEREAS the federal aid funds provided are described in the Catalog of Federal Domestic Assistance CFDA number 20 205 Highway Planning and Construction and WHEREAS it is understood that all costs associated with the project in excess of these federal aid funds will be financed by the City and WHEREAS this document must be executed and submitted to the State before the project development and construction process will be authorized to start and NOW THEREFORE in consideration of the covenants herein contained the parties agree that 1 The City will develop a SRTS project described as an equipment purchase consisting of four sign mounted radar units bicycle racks construction barricades signage and traffic cones 2 The equipment purchased will be used at the Emily Dickinson School in Bozeman 3 The purpose of this project is to provide improved pedestrian safety 4 The initial federal aid program to be requested for the development and construction of this project by federal aid account is as follows 89 SRTS Federal Aid Program Account By Project Phase 9102 Preliminary Engineering including environmental documentation 9202 Right of Way Easement Acquisition 9302 Incidental Construction utility relocation involvement 9402 Construction Engineering including contract administration and inspections 9502 Construction 9702 Other Total Project SRTS Funds City of Bozeman TOTAL 24 952 00 24 952 00 24 952 00 24 952 00 0 0 0 0 0 24 952 00 24 952 00 Additional Local Contribution 0 0 5 The general method of development includes The City will procure the equipment through competitive bid or limited solicitation so long as the cost does not exceed 50 000 should the equipment cost exceed 50 000 it must be by competitive bid The State will perform a final inspection 6 The City and any consultant and or contractor it may employ in pursuit of project completion will comply with applicable Equal Employment Opportunity EEO requirements Disadvantaged Business Enterprise DBE goals Americans with Disabilities Act ADA and Federal Labor Requirements 7 The City will provide documentation necessary to comply with applicable environmental requirements including the National Environmental Policy Act NEPA Section 106 of the National Historic Preservation Act NHPA and Section 4 f of the DOT Act 8 The City will complete and submit the applicable supporting documentation to the State for review and concurrence prior to beginning the next step in the project s development or construction process as identified in the CTEP Guidelines 9 The City will allow inspection of all work and project related records by the personnel or agents of the State and FHW A 10 Cities subject to the authority of the Montana Single Audit Act will secure an independent audit in compliance with OMB Circular A 133 and submit a copy to the Montana Department of Administration Local Government Services Bureau POBox 200547 Helena MT 59620 0547 11 Except for any suits claims actions losses costs or damages which are solely the result of the negligent acts or omissions or misconduct of State employees the City agrees that it will protect indemnify and save harmless the State and Department of Transportation against and from all claims liabilities demands causes of action judgments with any costs and fees that might be awarded and losses to them from any cause whatever from the project and including any suits claims actions losses costs or damages of any kind including the State and Department s legal expenses made against the State or Department by anyone arising out of in connection with or incidental to the project and its construction or use or maintenance 90 12 The City will retain projecHelated records and documents for a period of three years after the closing of the project 13 Federal participation will be 24 952 of the estimated total project cost of 24 952 The City will be responsible for 100 of all costs exceeding the proposed 24 952 that may be required to complete the project 14 The City may submit a claim once a month detailing items and quantities of acceptable work completed that period to the CTEP Office for the project development and or construction costs incurred The request will be accompanied by documentation substantiating the amount requested and identifying the applicable federal share 15 This agreement shall become effective upon execution by both parties It may be modified only by prior written agreement of both parties 16 The City will service maintain and pay the cost of operating the project described in this agreement 17 During the performance of this Agreement the City 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 Reaulations The City 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 City 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 City shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Sec 21 5 3 Solicitations for Subcontracts Includinq Procurement of Materials and Equipment In all solicitations whether by competitive bidding or negotiation by the City 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 City of the City s obligations under this Agreement and the Regulations relative to nondiscrimination 4 Information and Reports The City 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 City is in the exclusive possession of another who fails or refuses to furnish this information the City 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 City s noncompliance with the nondiscrimination provisions of this Agreement the State may impose sanctions 91 as it or the FHWA determines appropriate including but not limited to a Withholding payments to the City under the Agreement until the City complies and or b Cancellation termination or suspension of the Agreement in whole or in part 6 Incorporation of Provisions The City 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 City will take such action with respect to any subcontract or procure ment as the State or the FHW A may direct to enforce such provisions including sanctions for noncompliance Provided however that in the event the City is sued or is threatened with litigation by a subcontractor or supplier as a result of such direction the City may request the State to enter into the litigation to protect the interests of the State and in addition the City 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 City 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 City will comply with all regulations relative to implementation of the AMERICANS WITH DISABILITIES ACT 2 The City will incorporate or communicate the intent of the following statement in all publications announcements video recordings course offerings or other program outputs The City 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 City In the case of documents recordings or verbal presentations alternative accessible formats will be provided For further information call the City 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 City and each subcontract the prime contractor signs with a subcontractor must include the following assurance The City subrecipient or subcontractor shall not discriminate on the basis of race color national origin or sex in the performance of this contract The City shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of 92 DOT assisted contracts Failure by the City to carry out these requirements is a material breach ofthis contract which may result in the termination of this contract or such other remedy as the recipient deems appropriate IN WITNESS WHEREOF the Director of Transportation s authorized representative has signed on behalf of the State of Montana and the Mayor of the City of Bozeman has signed and affixed hereto the seal of the City STATE OF MONTANA DEPARTMENT OF TRANSPORTATION Jim Lynch Director of Transportation BY 2007 Chief Engineer Engineering Division AL CONTENT ATTEST CITY CLERK MAYOR By ZJ1t IC I Bozeman City Clerk hereby certify that this agreement was regularly adopted by the City Council at a meeting held on the day of 2007 and that the Council authorized the Mayor to sign this agreement on behalf of the City OFFICIAL SEAL City Clerk 93