HomeMy WebLinkAbout14- MDOT Bike-PED Path BIKE/PED-BOZEMAN
UPN: 8830
CTEP PROJECT SPECIFIC 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 "Grantee". This Agreement is effective on the date of the final
signature by the State.
WITNESSETH THAT:
WHEREAS, the Grantee proposes to develop and construct a Community Transportation
Enhancement Program (CTEP) project, UPN 8830, titled BIKE/PED PATH-BOZEMAN;
(hereinafter the "project"); and,
WHEREAS, the State and the Grantee recognize the need to develop and construct the project,
and are willing to share in its costs in accordance with this agreement; 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 Grantee agrees to them,
and,
WHEREAS, the estimated cost of the project's development and construction is $239,548; and,
WHEREAS, the financial participation for the project's development and construction will in part
be with federal-aid funds made available in federal fiscal 2014; and,
WHEREAS, the federal-aid funds provided are described in the Catalog of Federal Domestic
Assistance (CFDA), number 20.205, Highway Planning and Construction under the U.S.
Department of Transportation FHWA; and,
WHEREAS, it is understood that all costs associated with the project in excess of these federal-
aid funds will be financed by the Grantee; 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:
The Grantee will develop a CTEP project described as: the design and construction of a hard-
surfaced bicycle and pedestrian path, ADA accessible curbs, signage, striping, curb and gutter.
The path will be located in Bozeman on the east side of North 19th Avenue between Baxter
Road and East Valley Center Drive. Curb ramps and crosswalks will be located on: 1) College
Street at the intersections with 9th, 10th, and 13th Avenues, 2) 12th Avenue at the intersections
with Story and Dickerson Streets, 3) 13th Avenue at the intersections with Story and Dickerson
Streets, 4) 14th Avenue at the intersections with Story and Dickerson Streets, and, 5) 10th
Avenue at the intersection with Alderson Street.
- 1 -
The purpose of this project is to provide safe and convenient bicycle and pedestrian facilities.
The initial estimated federal-aid cost to be requested for the development and construction of
this project, by federal-aid account, is as follows:
Federal-Aid Program Account by Project Phase (Maximum CTEP Share)
[9102] Preliminary Engineering (86.58% CTEP) $ 15,223
(including environmental documentation)
[9202] Right-of-Way/Easement Acquisition (86.58% CTEP) $ -0-
[9302] Incidental Construction (64.93% CTEP) $ -0-
(utility relocation involvement)
[9402] Construction Engineering (86.58% CTEP) $ 17,160
(including contract administration and inspections) _
[9502] Construction (86.58% CTEP) $ 207,165 _
Total — $ 239,548
Bozeman Project CTEP Funds Local Match Additional
Contribution
Direct Costs $ 239,548 $ 207,401 $ 32,147 $ -0-
TOTAL $ 239,548 $ 207,401 $ 32,147 $ -0-
NOTE:Above table does not include indirect costs. Indirect costs will be applied to the CTEP fund share at the rate
corresponding to the time the reimbursements are made.
The Grantee will:
1. Be responsible for the $32,147 local matching funds. The Federal cost participation (CTEP
funds) will be $207,401 of the estimated total project cost of$239,548. If project costs
exceed $239,548, additional CTEP funds may be used if available, provided the Grantee will
furnish the requisite local match. The Grantee will be responsible for any costs exceeding
the available CTEP and local matching funds that may be required to complete the project.
2. Attest they have read and understand the CTEP manual located at:
http://www.mdt.mt.qov/publications/docs/manuals/mdt step manual.pdf. including all State
and Federal laws, rules and regulations applicable to the CTEP program.
3. Develop and prepare all of the necessary design plans, specifications, estimates, and
contract documents for the project in accordance with the CTEP Manual. The selection and
retention of any individual or firm to provide or furnish any engineering or design related
services will be based upon qualifications in accordance with the CTEP Manual's Consultant
Services procedures.
4. Solicit for competitive bids and award a contract to construct the project. The solicitation for
the construction contract may be by competitive bid or limited solicitation, so long as the cost
does not exceed $80,000; should the project's construction cost exceed $80,000, it must be
by competitive bid. The Grantee will administer any construction contract and provide the
supervision, inspection and documentation required to ensure the project is completed
satisfactorily. The State will perform a final project review to ensure substantial compliance
with project plans, specifications and estimates.
- 2 -
5. 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.
6. 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 Manual.
7. Submit a claim for cost reimbursement no more than monthly and no less than quarterly
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.
8. Agree to provide the State, Legislative Auditor or their authorized agents access to any
records necessary to determine compliance with this Agreement. The Grantee agrees to
create and retain records supporting this Agreement for a period of three years after the
completion date of this Agreement or the conclusion of any claim, litigation or exception
relating to this Agreement taken by the State of Montana or a third party.
9. Service, maintain, and pay the cost of operating the project described in this agreement.
General Provisions:
10. The Grantee shall perform an audit in compliance with the Single Audit Act Amendments of
1996, 31 U.S.C. 7501 et seq. and OMB Circular A-133, "Audits of States, Local
Governments, and Non-Profit Organizations." For local governments and school districts,
the Grantee will provide the report to the State of Montana, Department of Administration,
Local Government Services Bureau. All other grantees such as Tribal Communities and
Non-Profit Organizations will provide the report to the State of Montana, Department of
Transportation, Internal Audit Unit.
11. The parties understand and agree that this agreement is subject to the requirements of
Section 17-1-106, MCA, which requires the State to fully recover indirect costs (IDC) from
the Federal share of costs and any other participating parties. The current IDC rate is
9.13% and the parties further understand and agree that as of October 1, 2009 the
Grantee's share of IDC will be paid by MDT per subsection (3). Note: If this project extends
across more than one fiscal year, more than one annual rate will be involved, as the rate
may change during the life of the project.
12. 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 Grantee 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.
- 3 -
13. Severability and Integration — If any single part or parts of this Agreement are determined to
be void, the remaining parts will remain valid and operative. This Agreement, as written,
expresses the total, final and only agreement of the parties relevant to its subject matter. No
provision, expressed or implied, arising from any prior oral or written request, bid, inquiry,
negotiation, contract, or any other form of communication shall be a provision of this
Agreement unless specifically provided within the written terms herein.
14. This agreement shall become effective upon execution by both parties. It may be modified
only by prior written agreement of both parties.
15. Assignment, Transfer and Subcontracting — The Grantee shall not assign, transfer or
subcontract any portion of this Agreement without the express written consent of the State.
16. Choice of Law and Venue — In the event of litigation concerning this Agreement, venue will
only be in District Court of the First Judicial District of the State of Montana in and for the
County of Lewis and Clark. This Agreement will be interpreted according to Montana law.
17. Termination — The parties may mutually terminate this Agreement in writing at any time.
MDT, at its sole discretion, may terminate or reduce the scope of this Agreement if available
funding is reduced for any reason. MDT may terminate this Agreement in whole or in part at
any time Grantee fails to perform the Agreement terms as set forth.
18. Compliance with Laws — The Grantee, in the performance of this Agreement, fully comply
with all applicable federal, state or local laws, rules and regulations, 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.
The Grantee for itself, its assignees and successors in interest, agrees to adhere to the
contents as follows:
A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-
AID CONTRACTS
(1) Compliance with Regulations: The Grantee 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 Grantee, 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 Grantee shall not
participate either directly or indirectly in the discrimination prohibited by 49 CFR
Sec. 21.5.
(3) Solicitations for Subcontracts, Including Procurement of Materials and
Equipment: In all solicitations, whether by competitive bidding or negotiation by
the Grantee 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 Grantee of the Grantee's obligations under this Agreement and
the Regulations relative to nondiscrimination.
- 4 -
(4) Information and Reports: The Grantee 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 Grantee is in the exclusive possession of
another who fails or refuses to furnish this information, the Grantee 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 Grantee's noncompliance with
the nondiscrimination provisions of this Agreement, the State may impose
sanctions as it or the FHWA determines appropriate, including, but not limited to,
(a) Withholding payments to the Grantee under the Agreement until the
Grantee complies, and/or
(b) Cancellation, termination or suspension of the Agreement, in whole or in
part.
(6) Incorporation of Provisions: The Grantee 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 Grantee will take such action with
respect to any subcontract or procurement as the State or the FHWA may direct
to enforce such provisions including sanctions for noncompliance: Provided,
however, that in the event the Grantee is sued or is threatened with litigation by a
subcontractor or supplier as a result of such direction, the Grantee may request
the State to enter into the litigation to protect the interests of the State, and, in
addition, the Grantee 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 Grantee 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 Grantee will comply with all regulations relative to implementation of the
AMERICANS WITH DISABILITIES ACT.
(2) The Grantee will incorporate or communicate the intent of the following statement
in all publications, announcements, video recordings, course offerings or other
program outputs: "The Grantee 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 Grantee. In the case of
documents, recordings or verbal presentations, alternative accessible
formats will be provided. For further information call the Grantee."
- 5 -
(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 Grantee (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The Grantee, subrecipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The Grantee
shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted contracts. Failure by the Grantee 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.
- 6 -
IN WITNESS WHEREOF, the Department'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
BY , 2014
OED FOR LEGAL CONTENT
\ al i
__— Leg
al Counsel
CITY OF BOZEMAN
ATTEST-CITYrCLERK MAYOR
cy_),rf� '��J By /L -. /
1,
I, a U,mD , Bozeman City Clerk, hereby cegify that this agreement
w r ularl dopted byte City Council at a meeting held on the L9 day of
' , 20 ) , and that the Council authorized the Mayor to sign this agreement
on behalf$f the:.Gity%:
o * im'
yy v ' a v
``,a cam\ r „ #
4, `o IOP FJCfAt'SEAALr ,
'�
7�lo a b S • °0., ,
?IN CO
- 7 -
MMontana Department of Transportation Michael T. Tooley, Director
2701 Prospect Avenue Steve Bullock, Governor
PO Box
Helena MT59620-1001201001 61200-11001
S,t.2 0 9 20
4 �J
September 5. 2014 ;7
Dustin Johnson
City of Bozeman
PO Box 1230
Bozeman, Montana 59771
Subject: CTEP Project Agreement for UPN 8830 Bike/Ped-Bozeman
Enclosed are the Project Agreements for UPN 8830 Bike/Ped Path-Bozeman. Please have
the Mayor or other authorized person sign all copies and return them to this office.
Upon receipt, the CTEP office will request the project to be included in the Montana
Department of Transportation's financial program. You will receive a notice from CTEP
identifying the next step to be taken in the development of your project.
Should you have any questions regarding the agreements, please call Terry Voeller at (406)
444-9457.
Ross Tervo
CTEP Coordinator
cc: File
Enclosures: Project Agreements (2)
Community Transportation Enhancement Program An Equd/Opportunity Employer Engineering Division-Consultant Design Bureau
Phone (406)444-4221 TTY. (800)335-7592
Fax (406)444-9451 Web Page: www mdt state mt.us