4. Accept Grant & Approve Agreement - Highway 93 Bike/Pedestrian PathREPORT TO: Doug Russell, City Manager I
FROM: Chad Fincher, Director, Parks and Recreation
SUBJECT: Transportation Alternatives Project Agreement UPN 8682 — Highway 93
Bike/Pedestrian Path
MEETING DATE: August 18, 2014
BACKGROUND: The Montana Department of Transportation has approved our MAP 21-
TA project application and awarded grant funding in the amount of $530,000 for continuation of
the Highway 93 bike/pedestrian path. This project is an extension of the path constructed under
the past CTEP program, from Meridian to Conway, along the east side of U.S. 93 in the MDT
right-of-way.
The State will design, advertise for bid, and award the contract to construct an ADA compliant
pedestrian path in Kalispell adjacent to US 93 between Conway and West Wyoming Street.
The purpose of the project is to provide a safe and convenient trail connector along Highway 93,
eventually linking the path to FVCC.
RECOMMENDATION: It is recommended the City Council accept the grant and approve the
project agreement with the Montana Department of Transportation.
FISCAL EFFECTS: None. This project falls completely in MDT right-of-way and does not
require any matching funds from the city.
ALTERNATIVES: As suggested by council.
Respectively submitted,
Chad Fincher
Director, Parks and Recreation
306 1" Avenue East, P. 0. Box 1997, Kalispell, MT 59903 —Phone (406) 758- 7718— Fax (406) 758- 7719
www.katispell.com
HIGHWAY 93PATH -KAUSPELL
MONTANA TRANSPORTATION ALTERNATIVES PROGRAM
PROJECT FUNDING AND MAINTENANCE AGREEMENT
THIS AGREEMENT ismade and entered into byand between the State of Montana, acting by
and through its Department ofTransportation, hereinafter called the ^State",and the City of
Kalispell, hereinafter called the °Citv°.
WHEREAS, the City was successful in obtaining Montana Transportation Alternative (TA) funds
to develop and construct an ADA compliant pedestrian path adjacent to US 93 between Sunny
View Lane and West Wyoming Street through TAproject UPN868Z,t|dedH|GHVVAY9]PATH-
KAL|SPELL (hereinafter the "Pndect"\;and,
WHEREAS, the estimated cost ofthe p 'ect'sdeveloprnantandconsfructionisnottwexceed
$530i000tobe financed bYthe State using TAfunds and State matching funds inthe amount nf
$530000;and,
NDVV THEREFORE, in consideration of the covenants herein contained, the parties agree that:
1.The State will design, advertise for bid and let and award aproject toconstructanADA
compliant pedestrian path in Kalispell adjacent to US 93 between Sunny View Lane and West
Wyoming Street.
2.The City contact for project relatedquestonssheUbe:
Chad Fincher, Parks and Recreation Director
City ofKalispell
P.O.Box 1997
Kalispell, MT 59903-1997
406-7S8-7715
3.The State Contact for project related questions shall be:
K4ikeVVhedey
Montana Department #fTransportation
Z7Q1Prospect Avenue
P(]Box 20lODl
Helena, VNT5962O-1O01
406'444'4221
mvvher|ey@mt.#ov
/LThe parties understand that iL|spossible that the estimated cost ufthe project rnaybe
exceeded once the project is begun. The State will cover cost overruns up to 10%. If costs
HIGHWAY 93 PATH - KALISPELL
UPN 8682
exceed $530,000 by more than 10%, the State will discuss options for addressing the overruns,
including but not limited to using available City CTEP funding and required local CTEP matching
funds, alternative designs, or reduction in the scope of the project. The State's Project
Manager will inform the City's point of contact beforehand, and as early as possible, of anything
that appears will result in a cost increase, and will discuss the need for any possible additional
costs with the City and will consider the City's comments and concerns for that additional cost.
None of this will prevent, delay, or excuse the City from paying for any additional costs deemed
necessary by the State.
5. Upon completion of the project by the State and its contractor, the City agrees that upon
completion of the project it will service, maintain, and pay the cost of operating the project
described in this agreement.
If the City fails to service, maintain, and pay the cost of operating this TA -funded project as
described in this agreement, the State, in its sole discretion, may service, maintain and operate
the project and bill the City for such service.
G. The City further agrees that it will defend, protect and indemnify the State for any claim or
loss arising out of, due to or allegedly due to the failure of the City to maintain the project as
completed; the State agrees that it will protect defend and indemnify the City for any claim or
loss arising out of, due to or allegedly due to the design or construction of the project under the
State's control.
7. Access and Retention of Records —The City agrees to provide the State, Legislative Auditor
or their authorized agents access to any records necessary to determine compliance with the
Agreement.
The City agrees to create and retain records supporting this Agreement for a period of three
years after the completion date of the Agreement or the conclusion of any claim, litigation or
exception relating to the Agreement taken by the State of Montana or a third party.
8. Choice of Law and Venue — In the event of litigation concerning this Agreement, venue will
only be in District Court of the First Judicial District of the State of Montana in and for the
County of Lewis and Clark. This Agreement will be interpreted according to Montana law.
9. Agreement Modification —Any change to this Agreement will only be by written agreement
between parties.
10. Severability and Integration -- If any single part or parts of this Agreement are determined
to be void, the remaining parts will remain valid and operative. This Agreement, as written,
expresses the total, final and only agreement of the parties relevant to its subject matter. No
provision, expressed or implied, arising from any prior oral or written request, bid, inquiry,
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HIGHWAY 93 PATH - KALISPELL
UPN 8682
negotiation, contract, or any other form of communications shall be a provision of this
Agreement unless specifically provided within the written terms herein.
11. Termination — The parties may mutually terminate this Agreement in writing at any time.
The State, at its sole discretion, may terminate or reduce the scope of this Agreement if
available funding is reduced for any reason. The State may terminate this Agreement in whole
or in part at anytime City fails to perform the Agreement as set forth.
12. Compliance with Laws - The City shall, at all times during the performance of its obligations
of this Contract strictly adhere to all applicable local, state and federal laws and regulations,
including but not limited to: Title VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1972, the Education Amendments of 1972, the Age Discrimination Act of
1975, the Americans With Disabilities Act, including Title 11, Subtitle A, 24 U.S.C. Sec. 12101, et
seq., all rules and regulations applicable to these laws prohibiting discrimination based upon
actual or perceived race, color, national origin, ancestry, religion, creed, sex, age, marital or
familial status, physical or mental disability, sexual orientation, gender identity or expression
and handicap and with Exhibit A, attached hereto and incorporated by reference.
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HIGHWAY 93 PATH - KALISPELL
LIPN 8682
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.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
MT Dept. of Transportation
APPROVED FOR LEGAL CONTENT
C 16�
MDT Legal Counsel
COUNTY OF KALISPELL
2014
ATTEST -CITY CLERK MAYOR
In
1, , Kalispell City Clerk, hereby certify that this agreement
was regularly adopted by the City Council at a meeting held on the _ day of ,
2Q , and that the Board authorized the Chairman to sign this agreement on behalf of the
Board.
[OFFICIAL SEAL]
Clerk & Recorder
4
HIGHWAY 93 PATH - KALISPELL
UPN 8682
Party will take such action with respect to any subcontract or procurement as the State or
the kHWA may direct to enforce such provisions including sanctions for noncompliance:
Provided, however, that in the event the Party is sued or is threatened with litigation by a
subcontractor or supplier as a result of such direction, the Party may request the State to
enter into the litigation to protect the interests of the State, and, in addition, the Party 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, SEC. 49-3-207, MCA
In accordance with Section 49-3-207, MCA, the Party 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 Party will comply with all regulations relative to implementation of the
AMERICANS WITH DISABILITIES ACT.
(2) The Party will incorporate or communicate the intent of the following statement in all
publications, announcements, video recordings, course offerings or other program
outputs: "The Party 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 Party. In the case of documents, recordings or verbal
presentations, alternative accessible formats will be provided. For further
information call the Party."
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 Party (and each subcontract the prime contractor
signs with a subcontractor) must include the following assurance:
The Party, subrecipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The Party shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of DOT -
assisted contracts. Failure by the Party to 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
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