5. CTEP Project Agreement Modifications - Woodland Connector PathCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903
Telephone: (406) 758-7701 Fax: (406) 758-7758
REPORT TO: Honorable Mayor and City Council
FROM: Mike Baker, Director, Parks and Recreation
Jane Howington, City Manager
SUBJECT: CTEP Project Agreement Modification
Woodland Connector Path
MEETING DATE: September 20, 2010
BACKGROUND: The Woodland Connector CTEP Project Agreement was originally signed
in 2007. Because the project costs reflected in that agreement have changed over the past three
years, an amendment is necessary.
RECOMMENDATION: Adopt the project agreement modifications.
FISCAL EFFECTS: Of the estimated total project cost of $578,648, the City will be
responsible for $77,655 in local matching funds with Federal participation $500,993. These
figures reflect the total project costs of all phases. Currently Phase I & H have been completed.
ALTERNATIVES: As suggested by the City Council.
Respectively submitted,
Mike Baker, lane Howington
Director, Parks and Recreation City Manager
Submittals: CTEP Project Agreement Modifications
Original 2007 Agreement
STPE 6799(28)
WOODLAND CONNECTOR PATH-KAL
Control No. 6344
CTEP PROJECT AGREEMENT MODIFICATIONS
The parties entered into the attached CTEP Project Agreement in 2007 that provided for,
among other things, the design and construction of a paved bicycle -pedestrian path east of
Woodland Avenue between Conrad and Willow Glen Drives in Kalispell, Montana. The
project costs reflected in that agreement have changed necessitating an amendment to the
2007 CTEP Project Agreement. Accordingly, the parties agree to modify that Agreement as
set forth below.
Under WITNESSETH THAT, the fourth paragraph will be modified to read:
WHEREAS, the total estimated cost of the project development and construction totals
$ 578,648; and,
After NOW, THEREFORE,_
Sections 4 and 13 will be modified to read:
4. The federal -aid program 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 Federal Share)
[9102] Preliminary Engineering (86.58%)
(including environmental documentation)
[9202] Right-of-Way/Easement Acquisition (86.58%)
[9302] Incidental Construction (86.58%)
(utility relocation involvement)
[9402] Construction Engineering (86.58%)
(including contract administration and inspections)
[9502] Construction (86.58%)
[9702] Other (86.58%)
Total
Table A.
Portion Not Subject To Indirect Costs
$ 121,473
$ 50,146
$ -0-
$ 27,668
$ '79,361
-0-
$ 578,648
Project
Federal
Funds
Local
Match
Additional
Contribution
City of Kalispell
$1
354,329
$
306,778
$1
47,551
1 $
-0-
STPE 6799(28)
WOODLAND CONNECTOR PATH-KAL
Control No. 6344
Table B.
Portion Subject To Indirect Costs
Project
Federal
Funds
Local
Match
Additional
Contribution
City of Kalispell
$
224,319
$
194,215
$1
30,104
$
-0-
NOTE: Table B. does not include indirect costs. Indirect costs will be applied to the CTEP fund share at the
rate corresponding to the time the work is accomplished.
Project Totals
(Table A. plus Table B.)
Project
Federal
Funds
Local
Match
Additional
Contribution
City of Kalispell
$
1 578,648
$1
500,993
$
77,655
$
-0-
Project costs in excess of those reflected in Table A. are subject to the requirements of Section 17-1-106, MCA,
which requires the State to fully recover indirect costs (IDC) from the City and any other participating parties.
The current IDC rate is 13.35%. The parties further understand and agree that as of October 1, 2009 the City's
share of the IDC will be paid by the State per subsection (3) of Section 17-1-106, MCA. If this project extends
across more than one state fiscal year, more than one annual rate will be involved, as the rate may change over
the life of the project.
12. The City will be responsible for $ 77,655 local matching funds and the Federal
participation will be $ 500,993 of the estimated total project cost of $ 578,648. The
City will be responsible for 100% of all costs exceeding the proposed $ 578,648 that
may be required to complete the project.
All other terms of the original agreement will remain in full force.
STPE 6799(28)
WOODLAND CONNECTOR PATH-KAL
Control No, 6344
IN WITNESS WHEREOF, the Director of Transportation's authorized representative has
signed his name on behalf of the State of Montana, and the Mayor of the City of Kalispell,
has signed and affixed hereto the seal of the City.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
, 2010
OVED FOR LEGAL CONTENT
CITY OF KALISPELL
ATTEST -CITY CLERK MAYOR
WOODLAND CONNECTOR PATH-KAL
Control No. 6344
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
Kalispell, hereinafter called the "City".
WITNESSETH THAT:
WHEREAS, the City proposes to develop and construct a Community Transportation
Enhancement Program (CTEP) project, Control Number 6344, titled WOODLAND
CONNECTOR PATH-KAL (hereinafter the "project"); 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 $195,885.00;
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 CTEP project described as: the design and construction of a 1.5 mile
long by 10 foot -wide hard surfaced bicycle and pedestrian path. Work will include
landscaping, benches and planting new trees.
2. The project is located east of and parallel to Woodland Avenue between Conrad and Willow
Glen Drives in Kalispell, Montana.
3. The purpose of this project is to provide a safe and convenient bicycle and pedestrian path
by connecting the existing Woodland Park Trail to the proposed Willow Glen Trail.
4. The initial federal -aid program 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%) $ 19,588.00
(including environmental documentation)
[9202] Right-of-Way/Easement Acquisition (86.58%) $ -0-
[9302] Incidental Construction (64.93%) $ -0-
(utility relocation involvement)
[9402] Construction Engineering (86.58%) $ 9,793.00
(including contract administration and inspections)
[9502] Construction (86.58%) $ 166,504.00
[9702] Other (86.58%) $ -0-
Total $ 15,885.00
City of Kalispell $
TOTAL $
Project
195,885.00
195,885.00
CTEP Funds Local Match
169,599.00 $ 26,286.00
169,599.00 $ 26,286.00
ADD. Contribution
5. The general method of development includes: the City must engage a project engineer for
preliminary engineering, contract bid document preparation and construction engineering.
Construction must be by competitive bid. The State will perform a final inspection to ensure
substantial compliance with project plans, specifications and estimates.
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 FHWA.
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, P O Box 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.
12. The City will retain project -related records and documents for a period of three years after
the closing of the project.
13. The City will be responsible for $26,286.00 and Federal participation will be $169,599.00
of the estimated total project cost of $195,885.00. The City will be responsible for 100%
of all costs exceeding the proposed $195,885.00 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.
1.7. 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 (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, Including 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
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 FHWA 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 a.
NA GOVERNMENTAL CODE OF FAI'*
PRACTICES, SEC. 49-3-207, MCA I
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.
(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.
COMPLIANCE
IN DEPARTMENT OF TRANSPORTATION
FINANCIAL rY 1L., � i�PART ti
Each Agreement the Department signs with a City (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
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 Kalispell, has signed and affixed
hereto the seal of the City.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
Jim Lynch
Director of Transportation
BY January j 2007
Chief Engineer, Engineering Division
APPROVED FOR
el
ATTEST -CITY CLERK
L CONTENT
Kalispell City Clerk, hereby certify that this agreement
was regularly adopted by the Kalispell City Council at a meeting held on theday of
2007, and that the Council authorized the Mayor to sign this agreement on
behalf of the City.
{OFFICIAL SEAL
City Clerk