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4. Contract Approval - Pocket Park/Meridian Trail..+ti .i City vt ispg'411 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