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HomeMy WebLinkAbout00- MDT; N. 19th & Baxter Signal - Project Development and Construction Agreement URBAN HIGHWAY PILOT IMPROVEMENT PROGRAM GENERAL PROJECT DEVELOPMENT AND CONSTRUCTION AGREEMENT THIS AGREEMENT is entered into between the Montana Department of Transportation, hereinafter called the "State" and the City of Bozeman, hereinafter called the "Local Agency" to set forth the roles, responsibilities and commitments relative to the development and construction of an Urban Highway Pilot Improvement Program (UHPIP) project including costs, documentation and long-term maintenance. WITNESSETH THAT, WHEREAS, the Local Agen% proposes to develop and construct an Urban System project, titled SIGNAL-N 19 & BAXTER-BOZEMAN. The scope of work includes reconstruction of the intersection, signalization and other improvements as required. The project is located on State Urban Route 1201/N 19th Avenue at RP 0.0, the intersection with Baxter Lane within the urban limits of Bozeman and illustrated in Exhibit "A"; and, WHEREAS, the State and the Local Agency 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 agreement; and, WHEREAS, this project is eligible for up to $440,994 of federal and necessary matching funds under the Urban Highway Pilot Improvement 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 State Code (USC) and related federal regulation 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 Local Agency agrees to the conditions set forth; and, WHEREAS, the Local Agency will develop the project and pay for the project development with local funds. This includes engineering analysis, public involvement, design, 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 State will be responsible for 100.00% of additional federal-aid eligible costs associated with project; the matching fund percentages will be 86.58% Federal funds and 13.42% State funds; Funding will be provided through UHPIP funds up to a maximum of $440,994 plus Surface Transportation Program - Urban (STP-U) 1 ::= funds if required to complete the incidental construction, construction and construction engineering activities associated with this project; and, WHEREAS, the financial participation for the incidental construction, construction and construction engineering will in part be paid with Federal Funds; and, WHEREAS, it is understood that all costs associated with the project in excess of these Federal funds will be financed by the Local Agency; and, WHEREAS, it is mutually agreed that a cooperative delineation and identification of duties and responsibilities of the parties is essential to the overall development and long-term maintenance of this project; and WHEREAS, this document 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 1. Compatibility with Planning Documents/Processes. The Local Agency is responsible for assuring compatibility of the proposed project with the Urban area's local transportation plan/process and local land use plan. B. CO NT ACT 1. The MDT Butte District Administrator or his assignee will be the State's contact person for project development and coordination. C. ENVIRONMENTAL REVIEW 1. The State has determined the proposed project will not involve unusual circumstances as described under 23 CFR 771.117(b). The project therefore qualifies as a Categorical Exclusion under the provisions of 23 CFR 771.117(c), part (8). This proposed action also qualifies as a Categorical Exclusion under the provisions of ARM 18.2.261 (Sections 75~1-103 and 75-1-201, M.C.A.). The Federal Highway Administration (FHWA) was notified of these environmental findings on April 3, 2000. D. DESIGN 1. The Local Agency has secured professional consultant engineering services and shall, in consultation with the State, be solely responsible for completing the design including final right-of-way and construction plans for the proposed project according to the provisions of this section. 2. The Local Agency and any consultant(s) and/or contractor(s) it may employ will design the project to an urban standard and to serve design year traffic. Specific project geometrics (including ADA requirements) and detailed design will be in accordance with the MDT Geometric Design Standards (AASHTO) and MDT Road Design Manual. 2 3. The Local Agency and any consultant(s) and/or contractor(s) it may employ will create all design on a CADD system using the State's current version of GeoPak and Integraph Microstation software. No conversion or translations will be allowed. 4. The Local Agency and any consultant(s) and/or contractor(s) it may employ will utilize the State's guidelines for level assignments in CADD. All information on the plans will be placed on the assigned levels. Production of the Roadway and Right-of-Way plans will follow the State's standard CADD operation procedure. All material generated on the CADD system is required with the final submittal. All plan submittals at all stages of project development will consist of seven sets of hard copies of the plans accompanied by a disk continuing the appropriate GeoPak and Microstation computer files for the submitted plan information. 5. The Local Agency will be responsible for establishing a project development schedule that provides for State oversight and review. The State's Consultant Flow Chart should be used as a guideline. 6. The State will review the plan package, and if found acceptable, approve individual submissions and the overall project, to assure all appropriate design standards are met. The following deliverables (submissions), where appropriate based upon scope of project, must be included in the schedule: Scoping Document, Alignment & Grade Review and Report, Environmental Document with supporting studies, Scope of Work Report, Plan-in-hand Review and Report, Right-of-Way and Utility Plans, and/or other elements as appropriate. 7. The Local Agency will provide to the State for approval an original signed and stamped set of design, detailed plans, specifications and estimates that are in final approvable form. The plans and specifications for construction of the project will be in accordance with the applicable State accepted highway design standards and specifications. The Local Agency will provide the original set of project plans in packages appropriately prepared to allow for tracking the funding sources herein identified. 8. The State will provide existing data, technical requirements and assistance necessary for the development, completion and approval of the following design elements: a) Traffic Studies b) Hydraulic Studies c) Geotechnical/Surfacing Studies d) Design exceptions, and/or other appropriate elements dependent upon the complexity of the project. 9. The State will assist in obtaining the necessary written approvals from FHWA and concurrence as needed from the Transportation Commission. 3 E. RIGHT-OF-WAY ACQUISITION 1. The Local Agency is solely responsible to independently acquire all right-of-way needed for the overall project. The State will provide appraisal review service. In acquiring right-of-way the Local Agency must follow all requirements ofthe Uniform Relocation Assistance and Real Property Acquisition Act and all procedures found in the MDT Right-of-Way Manual. 2. The Local Agency will strive to acquire a fee simple interest in the right-of-way for this project. If the Local Agency cannot acquire fee simple interest, the local government may pursue right-of-way acquisition under applicable state and federal laws and with consent of the State, acquire instead a permanent right-of- way easement. 3. If condemnation is required to obtain right-of-way, the Local Agency is solely responsible for condemnation of property interest. The State will neither initiate nor participate voluntarily in any condemnation of property interest nor exercise of eminent domain. 4. The Local Agency also acknowledges that according to federal regulations, if right-of-way is donated to a project, the value of the right-of-way can only be credited after the project is programmed. Donated Right-of-Way must be appraised to determine value of credit. Right-of-way or easements must be donated by private entities into public ownership or purchased from private entities with non-federal funds and placed in public ownership by deed or a public easement. No other contributions or services will be credited. S. If new Right-of-Way is acquired, the Local Agency will certify to the State, prior to bid letting, that the Right-of-Way has been secured and was secured in conformance with the Uniform Act. The certification shall also state that the Local Agency has the right to remove or demolish any improvements which remain on the Right-of-Way and which are in conflict with the contemplated construction. F. UTILITIES 1. The State will be responsible for subsurface utility investigation. The Local Agency will be responsible for preparing utility relocation plans. 2. The State will be responsible for negotiating and preparing the necessary agreements with utility companies and insuring that all conflicting utilities are relocated or adjusted as needed. The State will advise the Local Agency as to the status of negotiations regarding utilities. 3. The Local Agency acknowledges that project costs associated with drainage facilities will be paid for in accordance with MDT's Storm Drain Policy which 4 implies that only the highway portion of stormwater drainage systems associated with the transportation improvement is eligible for state and federal funding. G. BIDS AND CONTRACT ADMINISTRATION 1. Once all approvals, right-of-way acquisition, 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. The Local Agency acknowledges that this project must be under contract (advertised and awarded) within three (3) years of the allocation year or the funds will be released for other state transportation projects. H. MAINTENANCE 1. Maintenance responsibilities will remain as agreed to in the existing maintenance agreement dated October 25, 1995 and, as defined in Title 60, Montana Code Annotated (MCA). The State will assume maintenance responsibility for the signals upon installation. I. OTHER 1. Nondiscrimination. The Local Agency and any consultant(s) and/or contractor(s) it may employ in pursuit of this Urban Pilot Project completion 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 "Notice to Counties" (Exhibit "B"). 2. Access to Records. That the Local Agency will retain project related records and documents for a period of three years after the closing of said project and will allow inspection of all work and project related records by the personnel or agents of the State and FHWA. 3. Governing Law. This agreement 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 agreement and Montana law, then Montana law will control. 4. Modification and Amendment. This agreement may be modified or amended, in writing, by the mutual agreement of the parties involved up until award of the contracts for the associated roadway projects. 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. 5 S. Complementary Agreements. The signatories of the agreement may enter into separate agreements during the development of the proposed project. Any such agreements will not supersede this agreement. 6. Termination. Both the State and Local Agency agree to move in an efficient and expeditious manner towards development of the proposed project. Either party may terminate this agreement and all obligations hereunder, with 3D-day notice in writing to the other party of the intention to do so. This agreement may not be terminated once contract or contracts have been awarded for construction of the associated roadway projects. If the Local Agency 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. 7. 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 Local Agency 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. All construction or other problems arising as a result of errors or omissions in design and/or plans will be the Local Agency's responsibility. 6 .- -,-----,..__._-- ~- ------ .--------- IN WITNESS WHEREOF, the director of Transportation or his authorized representative has hereunto subscribed his name on behalf of the State of Montana and the CITY MANAGER of the City of Bozeman on behalf of the Local Agency, has subscribed his/her name and affixed hereto the seal of said Local Agency. #it DATED this /c:z- day of . . ,2000 STATE OF MONTANA, DEPARTME OF TRANSPORTATION Marvin Dye Director of T BY Gary Gil re, P.E. Chief Engineer, Engineering Division &lST LOCAL AGENCY OFFICIAL BV-- \ \ ~y~ - - r Bozeman City Clerk City Manager I, Rob.irl', L,$iill i van Clerkof the CITY of Bozeman, do hereby certify: t~"th~~ I')lentioned agreement was regularly adopted by the COMM}SSIO~ ~,~ing thereof held on the 6th day of Jul y ,2000, amfthaNhe::G:QMMISWN authorized the CITY MANAGER to sign this agreement on~~~~~~~JSSI~~~ ~ -. --- .--- . CITY CI k -, ", --,..-.-.------ -' -'-' . . ef - . - ".., - ~ .... - ..,' or""'" ... .11I\.... ......,;...- APP~~~'" FORM L CONTENT 7 _,_ul.lIC1l e : ~ "-. .~ _ ,U ~~~ int~~ ~ Cf.) I i IP" 0 1I!1 ~ z i '5 . . :::1Ii ;l::j - ~ illl T. :I: S. T.I" liS: -' 0 :--- ---v- ~ Z . ,. ~ . Oc, ..-iII . g~ .;" ~ z' ~ .....> <;1 ~ fIl ~ . _. _ I S "'l > . 7. Z tl!J l' ~FJ~ ~ -I I '" ~ t!Ij :r: Vi . .. I i I ~ ~ ('> , 0 m Q ~ 3 ~ z 0 IS -I N ~,Q~~ 'l" ~ f ~ ~ s i I'TI ::lJ ;r;: r.... 120' > ~ ("') m .... x I Jtl e ~ : ~ ~ ~ ::T a: ;::;: ., .. ("j 5 ~ 0 ~ ",! i i ~ ~ Q ~ - -'- . ! Illaofll ~ i ~ fIl ~ l'IJ 0 S3 ~ ~.~ ~ ~i:: ~ ~ I z_ I S I ! I' ,\ q \ ' , i ~ I I · ~ ~ ,. J E E I I \ I. ;: I ~ '~;i~~~ 1\ \LI \; (!) I ~ .. , .. I I ~ l>; !i I ) ; !- . - - NOTICE TO CITIES 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 Re~ulations: The City shall comply with. all Regulations relative to nondIscrimination in ederally-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, even though 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 grotmds 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, Includin~ Procurements of Materials and Equipment: In all solicitations, Whether by competitive idding or negouation by thecity 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: 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 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 Noncom~liance: In the event of the City's noncompliance with the nondiscrimmation provisIOns of this Agreement, Department may impose sanctions as it or the FHW A 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. Exhibit "B" (6) Inco oration of Provisions: The City will include the provisions of paragraphs (1) through III 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 procurement as the Department 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 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, 349-3-207, 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. Exhibit "B" URBAN HIGHWAY PILOT IMPROVEMENT PROGRAM GENERAL PROJECT DEVELOPMENT AND CONSTRUCTION AGREEMENT THIS AGREEMENT is entered into between the Montana Department of Transportation, hereinafter called the "State" and the City of Bozeman, hereinafter called the "Local Agency" to set forth the roles, responsibilities and commitments relative to the development and construction of an Urban Highway Pilot Improvement Program (UHPIP) project including costs, documentation and long-term maintenance. WITNESSETH THAT, WHEREAS, the Local Agency proposes to develop and construct an Urban System project, titled SIGNAL-N 7TH & GRIFFIN-BOZEMAN. The scope of work includes installation of new signals and other miscellaneous improvements as re~uired. The project is located at the intersection of Griffin DrivelMandeville Drive/North 7t (State Urban Route 1207) Avenue at approximately Reference Post 1.3 and illustrated in Exhibit "A"; and, WHEREAS, the State and the Local Agency 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 agreement; and, WHEREAS, this project is eligible for up to $115,000 offederal and state funding under the Urban Highway Pilot Improvement 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 State Code (USC) and related federal regulation 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 Local Agency agrees to the conditions set forth; and, WHEREAS, the State has developed the project, this includes development, 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 for the construction and construction engineering will in part be paid with Federal Funds; and, 1 WHEREAS, the State will be responsible for 100.00% of construction and construction engineering activities up to a maximum of $115,000 in Urban Highway Pilot Improvement Program funds; the matching fund percentages will be 86.58% Federal UHPIP funds and 13.42% State UHPIP funds; and, WHEREAS, it is understood that all costs associated with the project in exCess of these Federal and State UHPIP funds will be financed by the Local Agency; and, WHEREAS, it is mutually agreed that a cooperative delineation and identification of duties and responsibilities of the parties is essential to the overall development and long-term maintenance of this project; and WHEREAS, this document 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 1. Compatibility with Planning Documents/Processes. The Local Agency is responsible for assuring compatibility of the proposed project with the Urban area's local transportation plan/process and local land use plan. B. CONTACT 1. The MDT Butte District Administrator or his assignee will be the State's contact person for project development and coordination. C. ENVIRONMENTAL REVIEW 1. The State has determined the proposed project will not involve unusual circumstances as described under 23 CFR 771.117(b). The project therefore qualifies as a Categorical Exclusion under the provisions of 23 CFR 771.117(c), part (8). This proposed action also qualifies as a Categorical Exclusion under the provisions of ARM 18.2.261 (Sections 75-1-103 and 75-1-201, M.C.A.). The Federal Highway Administration (FHWA) was notified of these environmental findings on April 3, 2000. D. RIGHT-OF-WAY ACQUISITION Right-of-Way acquisition is not anticipated for this project. However, if the need for Right-of-Way acquisition is required, the following items shall apply: 1. The Local Agency is solely responsible to independently acquire all right-of-way needed for the overall project. The State will provide appraisal review service. In acquiring right-of-way the Local Agency must follow all requirements of the Uniform Relocation Assistance and Real Property Acquisition Act and all procedures found in the MDT Right-of-Way Manual. 2. The Local Agency will strive to acquire a fee simple interest in the right-of-way for this project. If the Local Agency cannot acquire fee simple interest, the local 2 government may pursue right-of-way acquisition under applicable state and federal laws and with consent of the State, acquire instead a permanent right-of- way easement. 3. If condemnation is required to obtain right-of-way, the Local Agency is solely responsible for condemnation of property interest. The State will neither initiate nor participate voluntarily in any condemnation of property interest nor exercise of eminent domain. 4. The Local Agency also acknowledges that according to federal regulations, if right-of-way is donated to a project, the value of the right-of-way can only be credited after the project is programmed. Donated Right-of-Way must be appraised to determine value of credit. Right-of-way or easements must be donated by private entities into public ownership or purchased from private entities with non-federal funds and placed in public ownership by deed or a public easement. No other contributions or services will be credited. S. If new Right-of-Way is acquired, the Local Agency will certify to the State, prior to bid letting, that the Right-of-Way has been secured and was secured in conformance with the Uniform Act. The certification shall also state that the Local Agency has the right to remove or demolish any improvements which remain on the Right-of-Way and which are in conflict with the contemplated construction. E. UTILITIES Incidental Construction (utility moves) are not anticipated for this project. However, if Incidental Construction activities are required, the following items shall apply: 1. The State will be responsible for performing subsurface utility engineering. 2. The State will be responsible for negotiating and preparing the necessary agreements with utility companies and insuring that all conflicting utilities are relocated or adjusted as needed. The State will advise the Local Agency as to the status of negotiations regarding utilities. 3. The Local Agency acknowledges that project costs associated with drainage facilities will be paid for in accordance with MDT's Storm Drain Policy which implies that only the highway portion of stormwaterdrainage systems associated with the transportation improvement is eligible for state and federal funding. F. BIDS AND CONTRACT ADMINISTRATION 1. Once all approvals, right-of-way acquisition, 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. 3 2. If, at the time of bid opening, the engineer's cost estimate plus a percentage amount of the engineer's cost estimate, to be determined by the State, for construction engineering exceeds the $115,000 of available Urban Highway Pilot Improvement Program funds which have been programmed by the State for the construction of the project and prior to award of the contract, the Local Agency must have secured additional funding to be made available to the State for the project equal to the difference between $115,000 and the lowest awardable bid. The formal procedure for transferring or making additional funds available must be pre-approved by the State. 3. In the event that costs exceed the maximum $115,000 UHPIP funds available for this project, the State will bill the Local Agency, at most monthly, for the additional costs required to complete the project. The Local Agency will submit payment to the State within thirty (30) days of billing receipt. The contact for billing and accounting questions for the Local Agency shall be: Craig Brawner City Engineer 20 East Olive Street Bozeman, MT 59715 4. The Local Agency acknowledges that this project must be under contract (advertised and awarded) within three (3) years of the allocation year or the funds will be released for other state transportation projects. G. MAINTENANCE 1. Maintenance responsibilities will remain as agreed to in the existing maintenance agreement dated October 25, 1995 and, as defined in Title 60, Montana Code Annotated (MCA) of this project. The State will assume maintenance responsibility for the signals upon installation. H. OTHER 1. Nondiscrimination. The Local Agency and any consultant(s) and/or contractor(s) it may employ in pursuit of this Urban Pilot Project completion 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 "Notice to Counties" (Exhibit "B"). 2. Access to Records. That the Local Agency will retain project related records and documents for a period of three years after the closing of said project and will allow inspection of all work and project related records by the personnel or agents of the State and FHWA. 3. Governing Law. This agreement shall be governed by laws of the State of Montana. Venue for any litigation will be in Lewis and Clark County, State of 4 Montana. In case of conflict between the obligation imposed by this agreement and Montana law, then Montana law will control. 4. Modification and Amendment. This agreement may be modified or amended, in writing, by the mutual agreement of the parties involved up until award of the contracts for the associated roadway projects. Such changes may develop from engineering analysis, public input or federal statutorylregulatory changes. The state funding commitments cannot be changed without Transportation Commission approval. S. Complementary Agreements. The signatories of the agreement may enter into separate agreements during the development of the proposed project. Any such agreements will not supersede this agreement. 6. Termination. Both the State and Local Agency agree to move in an efficient and expeditious manner towards development of the proposed project. Either party may terminate this agreement and all obligations hereunder, with 3D-day notice in writing to the other party of the intention to do so. This agreement may not be terminated once contract or contracts have been awarded for construction of the associated roadway projects. If the Local Agency 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. 7. 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 Local Agency 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. 5 -...- -------.-".-.... IN WITNESS WHEREOF, the director of Transportation or his authorized representative has hereunto subscribed his name on behalf of the State of Montana and the CITY MANAGER of the City of Bozeman on behalf of the Local Agency, has subscribed his/her name and affixed hereto the seal of said Local Agency. DATEDthis n...?:! daY~n.2000 STATE OF MONTANA, DEPARTMENT OF T . NSPORTATION BY Gary Gil e, P.E. Chief Engineer, Engineering Division ~;/~ LOCAL AGENCY OFFICIAL 9ll' \ 1 f ~ Bozeman City Clerk City Manager I, Robin L. Sullivan Clerk of the CITY of Bozeman, do hereby certify that the above mentioned agreement was regularly adopted by the COMMI8S1Qf'f:~ a meeting thereof held on the 6th day of July ,2000, and that .~tu~::~~SION authorized the CITY MANAGER to sign this agreement on behalf of ~~~ty1MISSION. ~ ,;( ~ '. . [Official Seaq..-, .~-- -" '- ----.... .;" . - n ::-., .-" . - CITY CI k _ __( _~~~:::-~j - . er -.~==.--:: ~.Q:FORM . .. -. t.Jt ....-,.... . ,. AL CONTENT 6 - ---...-------.. .. ~ o . 0 ce - II()JITAIIA. '.55 ...\....90".". ~ '@ ,r 1000 ~4' eTD. TIRE U~~if' L; r~ I z_ == t ~ 0 I i ~ i I ta ~ ~ > ~ ~ > ~ ~ m x ~ ~!~~ :r. 0' I ~ ~ II i -'- lUll ~ ~QO~ ~ ;: ~ ~::' olrn~ ~ r i- ~of~ II ~ ~ ~ I ~ i ~ I I i I I ... ~ I - ~ - ~ I I ' I!I ~ ~ II - I' lit I I /!.~..JII II I; I i:~ , I'..~p . .. , jI 'I ' , 11 II ~ : I I I ~ .,,~,- .--- ,.- NOTICE TO CITIES 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 Refulations: The City shall comply with all Regulations relative to nondIscrimination in ederally-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, even though 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 21.5. (3) Solicitations for Subcontracts, Includin~ Procurements of Materials and Equipment: In all solicitations, Whether by competitive ldding or negotiation by thel::ity 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: 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 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 Noncom~liance: In the event of the City's noncompliance with the nondiscrimmation provisIOns of this Agreement, Department may impose sanctions as it or the FHW A 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. Exhibit "B" (6) Inco oration of Provisions: The City will include the provisions of paragraphs (I) through ( In every suocontract, 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 procurement as the Department 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 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, 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 perfOlming 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 wiUbe provided. For further information call the City." (3) All video recordings produced and created under contract and/or agreement will be closed captioned. Exhibit "B"