HomeMy WebLinkAbout02- MDT-South 19th & College Intersection-CM 1201 (10)
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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 (FHW A) 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 FHWA, 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 PreseNation 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. MACI-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 (IC) 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.
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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 (DBE) 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.
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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.
DA TED this 2'5 day of FIE P.:t ,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
(jj.:,J ~~ B:?--""---,\,~..",,.1.-~
Clark V. Johnson
City Clerk City Manager
, Bozeman City Attorney
RIGHTS CONTENT:
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EXHIBIT "B"
A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR
FEDERAL~AID CONTRACTS
(1 ) Compliance with Requlations: The City shall comply with all Regulations relative
to nondiscrimination in Federally-assisted programs of the Department of
Transportation, 49 Code of Federal Regulations, Part 21, as they may be
amended (hereafter referred to as the Regulations), which are incorporated by
reference and made a part of this MOU.
(2) Nondiscrimination: The City, with regard to the work performed by it during the
MOU, 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 21.5.
(3) Solicitations for Subcontracts. Including Procurements 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 procurements of
materials or leases of equipment, any potential subcontractor or supplier shall be
notified by the City of the City's obligations under this MOU and the Regulations
relative to nondiscrimination.
(4) Information and Reports: 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 Department or the Federal Highway Administration (FHW A) 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 MOU, Department may impose sanctions as
it or the FHWA determines appropriate, including, but not limited to,
(a) withholding payments to the City under the MOU until the City complies,
and/or
(b) cancellation, termination or suspension of the MOU, in whole or in part.
(6) Incorporation of Provisions: 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. City will take such action with respect to any subcontract or procurement
as the Department or the FHWA may direct to enforce such provisions including
sanctions for noncompliance: Provided, however, that in the event City is sued or
is threatened with litigation by a subcontractor or supplier as a result of such
direction, the City may request the Department 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, , 49~3-207, MCA
In accordance with Section 49-3-207, MCA, City agrees that for this MOU 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 MOU.
C) COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)
(1 ) City will comply with all regulations relative to implementation of the
AMERICANS WITH DISABILITIES ACT.
(2) City will incorporate or communicate the intent of the following statement in all
publications, announcements, video recordings, course offerings or other
program outputs: "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 MOU will be
closed captioned.
D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED BUSINESS
ENTERPRISES IN DEPARTMENT OF TRANSPORT A TION FINANCIAL
ASSIST ANCE PROGRAMS, 49 CFR '26
Each MOU 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 DOT-assisted contracts. Failure by the City 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.
MONTANA AIR & CONGESTION INITIATIVE - DISCRETIONARY PROGRAM
MAINTENANCE AGREEMENT
THIS agreement is entered into between the State of Montana Department of
Transportation, hereinafter called the State, and the City of Bozeman, hereinafter
called the City.
The State, in conjunction with the Federal Highway Administration, will program a
project for reconstructing the intersection of South 19th & College in Bozeman with
Federal Congestion Mitigation & Air Quality (CMAQ) Improvement Program funds
available through the Montana Air & Congestion Initiative (MACI) - Discretionary
Program, and
The City is desirous of having the project described as: S. 19TH &
COLLEGE - BOZEMAN. 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,
NOW, THEREFORE, the parties agree as follows:
1. That the City will service, maintain, and pay the cost of operating the MACI -
Discretionary project described in this agreement. The intersection will be
maintained for its useful life.
2. If the City fails to service, maintain, and pay the cost of maintaining the
intersection as agreed herein:
(a) The City shall reimburse the State for all state and federal funds expended
for reconstructing the intersection; and,
(b) The State, in its sole discretion, may
(1) remove or cause the removal of the intersection improvements and bill
the City for the cost of the removal, or
(2) service, maintain and operate the traffic signals and bill the City for the
costs of such service, maintenance and operation.
3. That the City will take over all permitting authority and will comply with City
standards in permitting activities.
4. 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's maintenance or use.
5. 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 Regulations: The City shall comply with all Regulations relative
to nondiscrimination in Federally-assisted programs of the Department of
Transportation, 49 Code of Federal Regulations, 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.
(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 21.5.
(3) Solicitations for Subcontracts. Includinq Procurements 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 procurements 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: 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 Department or the Federal Highway Administration (FHW A) 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 FHW A 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, Department may impose
sanctions 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: 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. City will take such action with respect to any subcontract or procurement
as the Department or the FHW A may direct to enforce such provisions including
sanctions for noncompliance: Provided, however, that in the event City is sued or
is threatened with litigation by a subcontractor or supplier as a result of such
direction, the City may request the Department 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, '49-3-207, MCA
In accordance with Section 49-3-207, MCA, 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 ) City will comply with all regulations relative to implementation of the
AMERICANS WITH DISABILITIES ACT.
(2) City will incorporate or communicate the intent of the following statement in all
publications, announcements, video recordings, course offerings or other
program outputs: "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."
(4) 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 '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 DOT-assisted contracts. Failure by the City 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.
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 r: '6- ~, 2002
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
David A. Galt
Director of Transportation
..
BY
Joel . M rshik, P.E.
Chie ineer, Engineering Division
ATTEST City Official
aFJ~ BY ~~-
<cCC" -'ClarK V. Johnson
City Clerk City Manager
GAL CONTENT
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