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HomeMy WebLinkAbout02- MDT-South 19th & College Intersection-CM 1201 (9) SOUTH 19TH & COLLEGE - BOZEMAN CM 1201 (9) CN 4918 MEMORANDUM OF UNDERSTANDING THIS Memorandum of Understanding is entered into by and between the State of Montana Department of Transportation, hereinafter called the State and the City of Bozeman, hereinafter called the City. WITNESSETH THAT, WHEREAS, the State and the City are desirous of deswning and constructing an intersection reconstruction project, titled SOUTH 19 T & COLLEGE - BOZEMAN, project number CM 1201 (9). The scope of work is to reconstruct the intersection to include grading, gravel surfacing, paving, concrete sidewalk, curb and gutter, and signal equipment. The location of the project is on a state designated highway and is illustrated in Exhibit "A"; and, WHEREAS, the State and the City recognize the need to develop and construct such project, and are willing to share in the costs of the proposed project in accordance with this MOU; and, WHEREAS, this project is eligible for up to $837,229 of federal funds under the MACI - Discretionary Program and STP Urban Program; and, WHEREAS, the State is responsible for assuring that the planning, design, approvals and clearances, construction and maintenance of state and federally- designated highway system facilities provide for the benefit of the traveling public in a safe and efficient manner in accordance with Title 23 United States Code (USC) and related federal regulations and guidance and Title 60 Montana Code Annotated (MCA); and, WHEREAS, the State and Federal Highway Administration (FHWA) will not participate in the development and construction of said project unless the City agrees to the conditions set forth; and, WHEREAS, the State, or a consultant, mutually deemed qualified by the State, City and FHW A, will develop the project, including engineering analysis, public involvement, design, environmental documentation, clearances, plans preparation, acquisition of all appropriate permits and the provision of other services required to complete the preconstruction and right-of-way phases; and, WHEREAS, the financial participation will be 86.58% federal and 13.42% State for the project development, plan review, construction bid package development, construction and construction engineering; and, WHEREAS, the City is responsible for making STPU funds available for all right of way (RW) and incidental construction (IC) activities (Refer to Section D for funding specifics); and, WHEREAS, it is understood that all costs associated with the project in excess of $967,000 will be financed by the City, using federal STP Urban funds, if available, or an alternate funding source; and, WHEREAS, this document and the project's Maintenance Agreement must be executed and submitted to the State before the project development and construction process will be authorized to start. NOW, THEREFORE, the parties agree as follows: A. PLANNING Compatibilitv with Planninq Documents/Processes. The City is responsible for assuring compatibility of the proposed project with the area's local transportation plan/process and local land use plan. B. CONTACT The MDT Butte District Administrator or his assignee will be the State's contact person for project coordination. The MDT Preconstruction Engineer or his assignee will be the State's contact person for project development. C. ENVIRONMENTAL REVIEW The State will provide such documentation as necessary to comply with the National Environmental Policy Act (NEPA),23 CFR 771., FHWA Technical Advisory T6640.8A, Section 106 of the National Historic Preservation Act (NHPA), Section 4(f) of the DOT Act, and all other applicable federal and state laws and regulations. The State is responsible for obtaining all necessary permits in connection with the actions contemplated in this MOU. D. PROJECT FUNDING 1. The estimated cost of this project is $967,000 for which the State will provide federal funds up to a maximum of $685,714 in MACI-Discretionary Program funds and $151,515 in STP Urban Program funds. 2. The required match of the federal funds will be provided by the state as the location of the project is on a state designated highway system. 3. MAC I-Discretionary Program funds are available for the Preliminary Engineering (PE), Construction (CN), and Construction Engineering (CE) phases of the project. STP Urban funds will be used if Right-of-Way (R/W) and/or Incidental Construction (lC) phases are required for construction of the project. 4. All costs exceeding $967,000 are the responsibility of the City. Federal STP Urban Program funds can be used to cover costs exceeding $967,000, subject to availability and adherence to Program requirements, or an alternate funding source can be used. E. DESIGN. RIGHT OF WAY & UTILITIES 1. The State will be responsible for completing the design and construction plans for the proposed project according to the provisions of this section. 2. The State and any consultant(s) and/or contractor(s) it may employ will design the project to MDT standards, and follow MDT project development procedures. 3. The State will assist in obtaining the necessary written approvals from FHW A and concurrence as needed from the Transportation Commission. 4. The State will be responsible for right of way acquisitions and utility relocations. F. BIDS AND CONTRACT ADMINISTRATION 1. Once all approvals, clearances and permits are obtained, the State will bid, award and administer the construction contract in accordance with normal MDT procedures including obtaining concurrence in the award from FHWA. 2. In the event that costs exceed the maximum $837,229 federal funds and $129,771 state match funds available for this project, the State will bill the City, at most monthly, for the additional costs required to complete the project. The City will submit payment to the State within thirty (30) days of billing receipt. The contact for billing and accounting questions for the City shall be: Bozeman - City Engineer P.O. Box 1230 Bozeman, MT 59771-1230 G. MAINTENANCE The City will be responsible for routine and long-term maintenance as defined in Title 60, Montana Code Annotated (MCA) of this project. H. OTHER 1. Nondiscrimination. The City and any consultant(s) and/or contractor(s) it may employ in pursuit of completing this project will comply with applicable Equal Employment Opportunity (EEO) requirements, Disadvantaged Business Enterprise (DB E) requirements and Americans with Disabilities Act (ADA) as more fully stated in the attached Exhibit "B". 2. Governinq Law. This MOU shall be governed by laws of the State of Montana. Venue for any litigation will be in Lewis and Clark County, State of Montana. In case of conflict between the obligation imposed by this MOU and Montana law, then Montana law will control. 3. Modification and Amendment. This MOU may be modified or amended, in writing, by the mutual agreement of the parties involved up until award of the contracts for the project. Such changes may develop from engineering analysis, public input or federal statutory/regulatory changes. The state funding commitments cannot be changed without Transportation Commission approval. 4. Complementary MOUs. The signatories of the MOU may enter into separate agreements during the development of the proposed project. Any such agreements will not supersede this MOU. 5. Termination. Both the State and City agree to move in an efficient and expeditious manner towards development of the proposed project. Either party may terminate this MOU and all obligations hereunder, with 3D-day notice in writing to the other party of the intention to do so. This MOU may not be terminated once contract or contracts have been awarded for construction of the project. If the City terminates project development at any time, it will reimburse the State for any and all costs incurred by the State up to the date of stoppage. 6. Hold Harmless. Except for any suits, claims, actions, losses, costs or damages which are solely the result of the negligent acts or omissions or misconduct of Department employees, the City agrees to protect, indemnify, and save harmless the State and the 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. IN WITNESS WHEREOF, the Director of Transportation or his authorized representative has hereunto signed on behalf of the State of Montana and the CITY MANAGER on behalf of the City, has signed and affixed hereto the seal of said City. DATED this 2'5 day of Fee. ,2002 STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION David A. Galt Director of Transportation BY Jo 1M Marshik, P.E. Chi ngineer, Engineering Division ATTEST City Official ~J..L~ Bb..-"..l.--,-:o-:;o..~~------ ...,. ".".', -=::,"-". Clark V. Johnson City Clerk City Manager LEGAL CONTENT vL , Bozeman City Attorney