4. Contract Approval - Pocket Park/Meridian Trail..+ti
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MESS
Post Offiec Box 1.9 - Kali spell, M ��a 9 - 9 - Telephone (406)758 -7700 Fax 8-7
REPORT O: Mayor Pam Kennedy and Kalispell City Council
FROM: Michael aker, Director of Parks &r Recreation.
SUBJECT* Contract approval Pocket Park/Meridian Frail
MEETING DATE: April 3,2006
BACKGROUND: The proposed Pocket Park was part of the original project `or the
KYAC Meridian Connector. The project was built out in FY
04 as an approved budget expend -it -Li -re. The Pocket Park was
deleted from the original contract as the federal appropriation
was short. The design engineering and construction was carried
over to FY 06 and listed as a budget expenditure for 06. Due to
the delayed signing of the Federal Flighway Bill the project was
rescheduled for FY o. Funds aiye now released to the local
communities to complete their enhancement projects.
RECOMMENDATION: Approval to sign cor tractL al agreement withD.O.T. to
c mptete the Pocket Park/Meridian Park project.
FISCAL EFFECTS: tee item in FY 06 at Federal co tribut ion of 86.6%
with local match t 1 .4%.
ALTERNATIVES: None at this time.
Respectfully subm- tte ; �..
Michael Baer, Director of Park `rn.es Patrity Manager
STPE 6799(26)
MERIDIAN TRAiL. POCKET PARK - KAL
Control No. 6110
PROJECT SPECIFIC AGREEMENT - GENERAL
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 CTE project, STI 6799(26), titled MERIDIAN TRAIL POCKET
PARK - 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; ent; 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 roject's development and construction totals $2 ,o ;
and ,
WHEREAS, AS, the financial participation for the project development and construction will in part
be with federal aid funds; 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 ent rust be executed rid .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:
The City will develop a CTEP project described as: landscaping a trailside pocket park with
sod, trees and shrubs. Also includes the purchase and installation of an irrigation system,
beaches, si nage and trash receptacles. All construction will be in accordance with current
design standards and AC A requirements.
ents.
2. The project is off of the state -maintained system and the location is described as follows:
adjacent to the Meridian Connector bike ed path along Four Mile Drive approximately three -
tenths of a rile merest of Meridian Road.
. The purpose of this project is to. provide a landscaped resting area along the Meridian
Connector trail.
. The initial federal -aid program to be requested for the development and construction of this
project} by federal -aid account I is as follows.
age� w ,
PARK, KAL-
DA 20.205
Federal -Aid Program Account (maximum FHWA match rate) Total by account
[9102] Preliminary Engineering (86-58%) $ -0-
(includi g environmental documentation)
[9202] Right-of-WaylEasement Acquisition (86-58%) $ -0-
[93021 Incidental Construction (64.93%) $ -a-
(utility relocation involvement)
[94021 Construction Engineering (86.58%) $ 31142
(including contract administration and inspections)
[9502] Construction (86.58%) $ 20,946
Total $ 24,088
Project CTEP Funds Local Match
City of Kalispell $ 24,088 $ 20,857 $ - - ,
TOTAL. 243088 , � '1
ADC. contribution
5* The general method of development includes'. project design has been completed as a
alternate of STP 23 Meridian connector Trail. construction will be by competitive
bid only. 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 Environments[ Policy Act (NEPA), Section 106 of the
National Historic Preservation Act (NHPA) and Section 4(f) of the DOT Act.
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 roject's development or
construction process, as identified in the CTEP Guidelines.
. The city will allow inspection of all work and project -related records by the personnel or
agents of the state and FHWA.
10. 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 ind mnify, and save harmless the state and Department of Trans o at' 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.
1, The city will retain project -related records and documents for a period of three years after
the closing of the project.
12. The City will be responsible for $3,231 and Federal participation will be $20,857 of the
estimated total project cost of $24,088. The city gill be responsible for 100% of any costs
exceeding the proposed $24,088 required to complete the project.
CFDA 20.205
13. The City may submit a claim once a month detailing items and quantities of acceptable work
completed that period to the CTEP Engineering Coordinator for the project development
and/or construction costs incurred. The request will be accompanied by documentation
entatlon
substantiating the amount requested and identifying the applicable federal share.
. This agreement shall become effective upon execution by the state and city. It may be
modified only by written mutual agreement of both the city and the state.
5. The City will service, maintain, and pay the cost of operating the project described in this
agreement.
ent.
. During the performance of this Agreement, the city, for itself, its assignees and successors
in Interest, agrees as follows:
A COMPLIANCE WITH TITLE v1 OF THE CIVIL RIGHTS ACT of 1964 FOR FEDERAL -
AID CONTRACTS
(1) Compliance with Regulations: ulatlons: The city shall comply with all Regulations relative
to nondiscrimination In Federally -assisted programs of the Department of Transportation, 49
Code of Federal Regulations C R , Part 2 , 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 Z.
(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 ulatlons 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 boos,
records, accounts, other sources of Information and Its facilities as may be determined by state
or the Federal Highway Administration FHW to be pertinent to ascertain compliance with
Regulations lations or directives. Where any Information required of the City Is In the exclusive
possession of another who falls or refuses to furnish this information the City shall so certify to
the Department or the FHWA as requested, setting forth ghat efforts it has made to obtain the
information.
(5) sanctions for Noncompliance: llance: n the evert of the CIty's noncompliance with the
nondiscrimination provisions of this Agreement, state may Impose sanctions as It or the FHWA
determines appropriate, including, but not limited to,
(a) Withholding payments to the Party 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 in every subcontract, including procurement of materials and leases of
CFD" 20,205
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 three Ion, 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 o
the United states.
B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR
PRACTICES, SEC. 49-3-207, MCA
In accordance with Section-3-207, MCA, the City agrees that for this Agreement all hiring will
e 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 gill incorporate or communicate the Intent of the folloWin 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."
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 PART 26
Each Agreement the Department signs with a City (arid 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
f 49 CFR Fart 26 in the award and administration of DOT -assisted contracts. Failure by the City
o 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
tom. ,- ;� •-} ;. "-�;.- *:k , .�. ,.�. ..3
CF A 20.205
v ITNESS WHEREOF, the Director of Transpo a io '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 ' M N `AN A, DEPARTMENT OF TRANSPORTATION
Jim Lynch
Director of Tram rtation
March 2006
dklefFxi06ee , Engineering Division
APPROVED P
q1/use
CITY OF KALISPELL
ATTEST -Clerk
was
GAS. CONTENT
Mayor
Kalispell City Clerk, hereby certify that this agreement
regularly adopted by the Kalispell City Council at a meeting held on the . day of
Zoo, and that the Council authorized the Mayor to sign this agreement on
behalf of the City.
[OFFICIAL SEAL]
City Clerk
X•,... M:
CFDA 20.205