03. Accept CTEP Grant & Approve Project AgreementREPORT TO: Honorable Mayor and City Council
FROM: Mike Baker, Director, Parks and Recreation
Charles Harball, Interim City Manager
SUBJECT: Bike/Pedestrian Path on Highway 93-Kalispell Control Number 7865
MEETING DATE: April 16, 2012
BACKGROUND: The Montana Department of Transportation Community Transportation
Enhancement Program (CTEP) has approved our project application for the Bike/Pedestrian Path
on Highway 93. This project is the design and construction of approximately one mile of hard -
surfaced bicycle and pedestrian path. The project will include benches, signage and
landscaping. The project will be located in Kalispell along the east side of U.S. 93 between East
Wyoming Street and Meridian Road. The purpose of the project is to provide a safe and
convenient bicycle and pedestrian trail connector along Highway 93, eventually linking to
FVCC.
It is anticipated the project will take two years of Federal allocations to complete. All federal
CTEP funds will be committed to this project until it is completed in its entirety.
The total project estimate is $300,000. The City will be responsible for the $40,260 local match,
with Federal cost participation (CTEP funds) of $259,740.
RECOMMENDATION: Council adopts the project agreement with MDT.
FISCAL EFFECTS: Budgeted in FY 12/13 is $146,780 to cover preliminary engineering and
Phase I construction, with Federal contribution of 86.58% ($127,082) and local City match of
13.42% ($19,698).
ALTERNATIVES: As suggested by council.
Respectively submitted,
h
Mike aker
Director, Parks and Recreation
r�
Charles Harball
Interim City Manager
Report compiled April 11, 2012
306 1" Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7718— Fax (406)758-7719
www.kalispell.com
BIKE/PED PATH HWY 93-KALISPELL
Control No. 7865
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". This Agreement is effective on the date of the final
signature by the State.
WITNESSETH THAT:
WHEREAS, the City proposes to develop and construct a Community Transportation
Enhancement Program (CTEP) project, Control Number 7865, titled BIKE/PED PATH HWY 93-
KALISPELL (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, 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 City agrees to them, and,
WHEREAS, the estimated cost of the project's development and construction is $300,000; and,
WHEREAS, the financial participation for the project development and construction will in part
be with federal -aid funds made available in federal fiscal 2012; 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 landscaping project described as: the design and construction
of approximately one mile of hard -surfaced bicycle and pedestrian path. The project will
include benches, signage and landscaping.
2. The project will be located in Kalispell along the east side of U.S. 93 (N-5) between East
Wyoming Street and Meridian Road.
3. The purpose of this project is to provide a safe and convenient bicycle and pedestrian
facility.
4. The initial federal -aid program to be requested for the development and construction of this
project, by federal -aid account, is as follows:
- 1 -
[9102] Preliminary Engineering (86.58% CTEP)
(including environmental documentation)
$
35,000
9202 Right-of-Way/Easement Acquisition 86.58% CTEP
$
-0-
[9302] Incidental Construction (64.93% CTEP)
(utility relocation involvement
$
-0-
[9402] Construction Engineering (86.58% CTEP)
(including contract administration and inspections)
$
15,000
9502 Construction 86.58% CTEP
$
250,000
Total
$
300,000
City of Kalispell
Project
CTEP Funds
Local Match
Additional
Contribution
Direct Costs
$ 300,000
$ 259,740
j $ 40,260
$ -0-
TOTAL
$ 300,000
$ 259,740
! $ 40,260
$ -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.
5. The City will be responsible for the $40,260 local match. The Federal cost participation
(CTEP funds) will be $259,740 of the estimated total project cost of $300,000. The City will
be responsible for 100% of all costs exceeding the proposed $300,000 that may be required
to complete the project.
6. The parties understand and agree that this agreement is subject to the requirements of
Section 17-1-106, MCA. Section 17-1-106, MCA, requires any state agency, including the
Montana Department of Transportation (MDT), which receives non -general funds to identify
and recover its indirect costs. These costs are in addition to direct project costs. MDT's
indirect cost rate is determined annually as a percentage of the project's direct costs to
cover the project's share of MDT's indirect costs as defined by 2 CFR Part 225 (formerly
OMB Circular A-87). MDT's current indirect cost rate is 9.64% for state fiscal year 2012
(July 1, 2011 to June 30, 2012). 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.
7. The City will 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 shall be based upon qualifications in accordance with the CTEP
Manual's Consultant Services procedures.
8. The City will 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 $50,000; should the project's construction cost exceed
$50,000, it must be by competitive bid. The City 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.
9. 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.
M
10. 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.
11. 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 Manual.
12. The City will allow inspection of all work and project -related records by the personnel or
agents of the State and FHWA.
13. 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, PO Box 200547,
Helena, MT, 59620-0547.
14. 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.
15. The City will retain project -related records and documents for a period of three years
after the closing of the project.
16. 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.
17. This agreement shall become effective upon execution by both parties. It may be modified
only by prior written agreement of both parties.
18. The City will service, maintain, and pay the cost of operating the project described in
this agreement.
19. The City and State understand and agree that this agreement is subject to the requirements
of OMB Circular A-133; non-federal entities that expend $500,000 or more in a year in
federal awards shall have a single audit conducted. The City agrees to have a single audit
conducted if it meets the above threshold.
20. 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
-3-
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
procurement 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.
PRACTICES,B) CO ��l
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.
ENTERPRISES DEPARTMENT TRANSPORTATION Fa i- ASSISTANCI
PROGRAMS, PART R6
Each Agreement the Department signs with a City (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
requirementsThe 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
breachofthis contract,
terminationof this contractor other remedy• deems
appropriate.
WE
IN WITNESS WHEREOF, the Department'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.
Ly'1
APPROVED FOR LEGAL CONTENT
7 Legal Counsel
2012
ATTEST -CITY CLERK MAYOR
is
I, , Kalispell City Clerk, hereby certify that this agreement
was regularly adopted by the City Council at a meeting held on the day of
20 , and that the Council authorized the Mayor to sign this agreement
on behalf of the City.
[OFFICIAL SEAL]
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