Document Missoula_doc_36dda4c692

COMMUNITY DEVELOPMENT BLOCK GRANT MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT #10-13 This Memorandum of Agreement (MOA) is entered into by the City of Missoula Parks and Recreation Division (the Grantee), and the Missoula Office of Planning and Grants (OPG). The Grantee and the OPG agree to the following terms: 1. PURPOSE The purpose of this MOA is to provide funding for project activities approved by the OPG under the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program. 2. APPLICATION INCORPORATED BY REFERENCE The Grantee's application for CDBG assistance is incorporated into this MOA by this reference and the representations made in the application are binding upon the Grantee. 3. ACCEPTANCE OF CDBG PROGRAM REQUIREMENTS The Grantee will comply with all applicable parts of Title I of the Housing and Community Development Act of 1974, as amended; the applicable Department of Housing and Urban Development (HUD) regulations in 24 CFR Part 570, as now in effect or as they may be amended during the term of this MOA; all requirements established by the OPG; applicable State and federal laws, regulations, administrative directives and procedures; and local ordinances and resolutions. The Grantee agrees that all contracts entered into by it for the completion of the activities described in Section 5 of this MOA will contain special provisions requiring contractors to comply with all applicable state and federal requirements. The Grantee expressly agrees to repay to the OPG any funds advanced to the Grantee under this MOA which the Grantee, its subcontractors or subrecipient entities, or any public or private agent or agency to which it delegates authority to carry out portions of this MOA expends in violation of the terms of this MOA or the federal statutes and regulations governing the CDBG Program. 4. EFFECTIVE DATE AND TIME OF PERFORMANCE This MOA takes effect upon execution by the parties and will terminate upon completion of the final project closeout by the OPG. ---PAGE BREAK--- 2 5. SCOPE OF ACTIVITIES The Grantee will engage in the activities set forth in the Grantee's application for CDBG grant assistance. The major components of the project include:  Will complete repairs and improvements to the California Street bridge, including deck repair, installation of a security system, light repair and relocation, and landscaping at the north end of the bridge.  Will provide reports to the OPG of Missoula on prescribed forms.  Will make requests for payment based on invoices submitted and documented completion of construction components.  Will comply with all applicable codes, regulations, and standards (as noted in Attachment including those contained in the Americans with Disabilities Act (ADA), in the repair of the bridge. 6. BUDGET The total amount of this MOA will not exceed $105,582.00. A copy of the project budget is included as Attachment B to this MOA, and by this reference is made a part of this MOA and binding upon the Grantee. Budget adjustments must be approved in advance by the OPG. For adjustments between line items of the CDBG portion of Attachment B, in an amount not to exceed $1,000, OPG approval of the Request for Payment form will constitute approval of the budget adjustment. The Grantee must describe the rationale for a budget adjustment in the Project Progress Report and the adjustments noted in the Request for Payment and Status of Funds Report submitted with draws against the grant funding reserve. Budget adjustments in excess of $1,000 are subject to written OPG approval. 7. AMOUNT OF GRANT AND METHOD OF PAYMENT The OPG will pay to the Grantee funds available under this MOA upon approval by the OPG of the Grantee's Request for Payment. The OPG may agree to make advance payments to the Grantee for activities set forth in Section 5. SCOPE OF ACTIVITIES upon satisfactory demonstration of need as presented by the Grantee and approved by the OPG. In expending funds advanced by the OPG, the Grantee will limit expenditures to those included in the Request for Payment and expressly approved by the OPG. The OPG will reimburse the Grantee for approved, eligible and necessary expenses according to the documentation submitted by the Grantee to support the expenditures. The OPG will not reimburse the Grantee for any expenses not included in the approved budget or not clearly and accurately supported by the Grantee's records. Any authorized funds not expended under this grant will revert to the OPG and will be used to finance other CDBG projects. The reimbursement of eligible costs incurred is contingent upon the Grantee's completion of Section 16. SPECIAL PROJECT START UP CONDITIONS. In the event the Grantee is unable to comply with the terms and the conditions of this MOA, any costs incurred will be the Grantee's sole responsibility. If the actual total cost of completing the project is less than has been projected by the Grantee in the budget (Attachment the OPG may, at its discretion, reduce the amount to be provided under this MOA in proportion to the overall savings If the OPG determines that the Grantee has failed to satisfactorily carry out its responsibilities ---PAGE BREAK--- 3 under this MOA, the OPG may revoke the Grantee's authority to draw against the reservation described in this MOA until the OPG and the Grantee agree on a plan to remedy the deficiency. The OPG reserves the right to withdraw a commitment for any CDBG funds which remain unobligated 24 months after the date of execution of this MOA. 8. LIAISON Mike Barton, Grants Administrator, is the OPG's liaison with the Grantee regarding all administrative and technical matters concerning this MOA. Donna Gaukler is the Grantee's liaison with the OPG for administrative and technical matters. Either party may change its liaison upon notification of the other party. 9. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by any contractor or subcontractor pursuant to this MOA are to be the property of the Grantee and the OPG which have exclusive and unrestricted authority to release, publish or otherwise use, in whole or in part, information relating thereto. No material produced in whole or part under this MOA may be copyrighted or patented in the United States or in any other country without the OPG's prior written approval. 10. ACCESS TO RECORDS AND PROJECT MONITORING The Grantee will maintain adequate and reasonable records of its performance under this MOA and will allow access to these records at any time during normal business hours by the OPG, the U.S. Department of Housing and Urban Development and the Comptroller General. These records will be kept in the Grantee's offices in Missoula, Montana. The OPG or its agents may monitor and inspect all phases and aspects of the Grantee's performance to determine compliance with the Scope of Work, and other technical and administrative requirements, including the adequacy of the Grantee's records and accounts. The OPG will advise the Grantee of any specific areas of concern and provide the Grantee opportunity to propose corrective actions acceptable to the OPG. 11. PROJECT PROGRESS REPORTING During the term of this MOA, the Grantee will submit a Project Progress Report to the OPG during each quarter for the periods ending June, September, December and March. This report will describe the status of the project with respect to each implementation objective including, at a minimum, the percentage of the project which has been completed, costs incurred, funds remaining and anticipated completion date. The report must also describe any significant problems encountered and any necessary modification of the project scope or implementation schedule that are being requested. The Grantee will submit the Project Progress Report to the OPG within 10 days of the close of each quarter. The OPG will not honor claims for payment until the required quarterly report has been submitted to and approved by the OPG. Project Progress Reports submitted during a quarter in conjunction with a Request for Payment will satisfy the quarterly progress-reporting requirement. 12. EQUAL EMPLOYMENT OPPORTUNITY Any hiring of employees by the Grantee under this Agreement will be on the basis of merit and qualification, and the Grantee will not discriminate against any person on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability or national origin. As used ---PAGE BREAK--- 4 herein, "qualifications" means qualifications as are generally related to competent performance of the particular occupational task. 13. AVOIDANCE OF CONFLICT OF INTEREST The Grantee will comply with the provisions of the applicable HUD regulations of 24 CFR 570.611; and with sections 2-2-125, 2-2-201, and 7-5-4109, MCA, (as applicable) regarding the avoidance of conflict of interest. 14. OPEN MEETINGS All meetings of the Grantee’s Board of Directors will be open to the public as per the applicable Montana Code Annotated provisions in 2-3-203, MCA. 15. MODIFICATION AND ASSIGNABILITY OF MOA This MOA contains the entire agreement between the parties, and no statements, promises, or induce- ments made by either party, or agents of either party, which are not contained in or authorized by this written MOA, are valid or binding. This MOA may not be enlarged, modified, or altered except upon written agreement, and does not imply any continuing commitment by the OPG beyond the termination date noted in this MOA. The Grantee accepts responsibility for the adherence to the terms of this MOA by subcontractor or subrecipient entities and by public or private agents or agencies to which it delegates authority to carry out portions of this MOA. 16. SPECIAL PROJECT START UP CONDITIONS The Grantee will not obligate or utilize funds for any activities provided for by this MOA until: The OPG completes an Environmental Review Record, if applicable, and issues a Notice of Release of Funds. The Grantee submits to the OPG evidence of the firm commitment of the other resources necessary for the completion of the project as defined in Section 5 and Attachment A of this MOA. Within six months of the date of the announcement of the tentative grant award by the OPG, the Grantee will have completed all necessary arrangements to assure that those resources are available for commitment to and participation in the project in order to guarantee timely project completion. Unless the Grantee can demonstrate the existence of unusual or extenuating circumstances that justify an extension of time, the OPG will withdraw the tentative award and reallocate the funds. The OPG will not release any CDBG funds to the Grantee until the Grantee has obtained firm commitments for all non-CDBG resources to be involved in the project. The Grantee may not expend or obligate any CDBG funds, other than for administrative purposes, until the OPG determines that this condition has been satisfied. 17. CONSTRUCTION AND VENUE This MOA will be construed under and governed by the laws of the State of Montana. In the event of litigation concerning it, venue is in the District Court of the Fourth Judicial District in and for the County of Missoula, State of Montana. 18. INDEMNIFICATION The Grantee waives any and all claims and recourse against the OPG including the right of con- ---PAGE BREAK--- 5 tribution, for loss or damage to persons or property arising from, growing out of, or in any way connected with or incidental to the Grantee's or any subrecipient's performance under this MOA. Further, the Grantee will indemnify, hold harmless, and defend the OPG against any and all claims, demands, damages, costs, expenses, or liability arising out of the Grantee's or any subrecipient's performance of this MOA. In the event that the OPG is named as a codefendant in any action relating to activities to be performed by the Grantee or a subrecipient under this MOA, the Grantee will notify the OPG of the action and will represent the OPG in the action unless the OPG undertakes to represent itself as a codefendant, in which case the OPG will bear its own litigation costs, expenses, and attorneys' fees. 19. MOA AMENDMENT The Grantee may request that this MOA be amended. However, the OPG will allow an amendment only if the Grantee clearly demonstrates that the modification is justified and will enhance the overall impact of the original project. The OPG will consider each request to determine whether the modification is substantial enough to necessitate reevaluating the project's original ranking. If warranted, the OPG will analyze the impact of the proposed modification on the scores assigned the Grantee's application in the original grant competition. The OPG will not approve amendments to the scope of work or the budget that will affect high priority activities or improvements that would materially alter the circumstances under which the grant was originally ranked. If the OPG determines that the proposed amendment represents a substantial change in the project activities proposed in the original application for CDBG funds, the OPG will hold a public hearing on the amendment with reasonable notice. 20. PROPERTY MANAGEMENT Title to real property or equipment acquired under a grant or subgrant will vest upon acquisition in the Grantee or subgrantee. The Grantee or subgrantee will use, manage, and dispose of this property or equipment in accordance with the requirements set out in 24 CFR Part 85, Subpart C and 24 CFR Part 570, Subpart J. 21. TERMINATION OF MOA This MOA may be terminated as follows: Termination and Modification Due to Loss of Funding. If, for any reason, the federal financial resources required by the OPG to fund the Grantee’s project are withdrawn from the OPG, the OPG may unilaterally terminate or modify the terms of this MOA to reflect the loss of funding. If a termination or modification is required, the OPG will, to the extent permitted by available CDBG funds, compensate the Grantee for eligible work elements the Grantee has completed and for actual, necessary and eligible expenses incurred by the Grantee as of the revised termination date. The OPG will give the Grantee written notice of the effective date of the modification or termination of this MOA and, if a reduction in funding is required, will provide the Grantee with a modified project budget. Termination Due to Noncompliance with MOA Terms. If the OPG determines that the Grantee has failed to comply with the general terms and conditions of this MOA, the project schedule, or any special conditions, and if upon notification of the defect the Grantee does not remedy the deficiency within a reasonable period to be specified in the notice, the OPG may terminate this MOA in whole or in part at any time before the date of completion. The OPG will notify the Grantee in writing of the decision to terminate, the reasons for the termination, and the effective date of the termination. ---PAGE BREAK--- 6 Termination Due to Adverse Environmental Impact. This MOA will terminate at the conclusion of the environmental review process if the Grantee or the OPG determines that the project would have a significant adverse impact on the quality of the human environment and that this impact cannot be avoided or sufficiently mitigated by reasonable, cost-effective means. Effect of Termination. In the event of termination due to the Grantee's failure to comply with the terms of this MOA or the project's adverse environmental impact, any costs incurred will be the responsibility of the Grantee. However, at its discretion, the OPG may approve requests by the Grantee for reimbursement of expenses incurred. The OPG's decision to authorize payment of these costs or to recover expended CDBG funds will be based on a consideration of the extent to which the expenditure of those funds represented a good faith effort of the Grantee to comply with the terms of this MOA and on whether any failure to comply with the terms of this MOA was the result of circumstances beyond the Grantee's control. IN WITNESS OF THE TERMS SET OUT ABOVE, the parties have executed this MOA. Missoula Office of Planning and Grants: Roger Millar, Director Date: City of Missoula Parks & Recreation: Donna Gaukler, Director Date: ---PAGE BREAK--- 7 ATTACHMENT A CDBG SUPPLEMENTAL GENERAL CONDITIONS AND FEDERAL LABOR STANDARDS PROVISIONS CDBG SUPPLEMENTAL GENERAL CONDITIONS The following Supplemental General Conditions are hereby made a part of this MOA and shall supplement and/or supersede any articles of these specifications in conflict therewith. Any subsequent and/or addenda issued after these specifications have been prepared shall supplement and/or supersede any articles of these specifications. 1. Montana Contractor Registration Requirements 2. Contractor’s License Fee 3. Preconstruction Conference 4. Reports and Information 5. Access to Records 6. Contract Pricing 7. Federal Labor Standards Provisions (HUD-4010 Form) 8. Schedule of Minimum Hourly Wage Rates (Davis-Bacon Wage Determination) 9. Equal Opportunity Provisions a. Equal Employment Opportunity (Executive Order 11246) b. Title VI of the Civil Rights Act of 1964 c. Section 109 of the Housing and Community Development Act of 1974 d. Section 3 of the Housing and Community Development Act of 1968 e. Minority/Women Business Enterprise f. Nondiscrimination Provision in all Public Contracts 10. Uniform Federal Accessibility Standards (UFAS) 11. Compliance with Federal Clean Air and Water Acts 12. Contractor Eligibility ---PAGE BREAK--- ATTACHMENT A 8 1. MONTANA CONTRACTOR REGISTRATION REQUIREMENT MCA 39-9-201 through 39-9-211 provides information about contractor registration requirements with the State of Montana. Contractors and any of the contractor’s subcontractors doing work on a project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P. O. Box 8011, 1805 Prospect, Helena, Montana 59604- 8011. Information on registration can be obtained by calling 1-[PHONE REDACTED]. Contractors are not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by the contractor or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the federal Davis Bacon prevailing wage and reporting requirements and the State of Montana. The contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. 2. CONTRACTOR’S LICENSE FEE Pursuant to Section 15-50-206(2)(3), MCA, the Owner is required to withhold one percent of all payments due the Contractor and is required to transmit such moneys to the Montana Department of Revenue as part of the public contractor's license fee. In like fashion, the Contractor is required to withhold one percent from payments to subcontractors. 3. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a conference will be held for the purpose of discussion requirements on such matters as project supervision, coordination with city or county officials, on-site inspections, progress schedules and reports, payrolls, payments to contractors, contract change orders, insurance, safety and other items pertinent to the project. The contractor shall arrange to have all supervisory personnel connected with the project on hand to meet with representatives of the engineer and owner to discuss any problems anticipated. 4. REPORTS AND INFORMATION The contractor, at such times and in such forms as the owner may require, shall furnish the owner such periodic reports as it may request pertaining to the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. ---PAGE BREAK--- ATTACHMENT A 9 5. ACCESS TO RECORDS The owner, the Inspector General of the United States, the U.S. Department of Housing and Urban Development, the U.S. Department of Labor, the General Accounting Office, and the OPG of Missoula shall be permitted by the contractor to have full access to, and right to examine any pertinent books, documents, papers and records of the contractor involving transactions related to this contract, during the period of the project and for three years from the date of final payment or until all findings have been resolved to the satisfaction of the State of Montana. 6. CONTRACT PRICING The cost plus a percentage of cost and percentage of construction cost method of contracting shall not be used. 7. FEDERAL LABOR STANDARDS PROVISIONS Attached. 8. SCHEDULE OF MINIMUM HOURLY WAGE RATES Attached 9. EQUAL OPPORTUNITY PROVISIONS Equal Employment Opportunity (Executive Order 11246). During the performance of this contract, the Contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection of training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The contractor will send to each labor union or representative of workers ---PAGE BREAK--- ATTACHMENT A 10 with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Department's contracting officer advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that each provision will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. Title VI of the Civil Rights Act of 1964. Provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. ---PAGE BREAK--- ATTACHMENT A 11 Section 109 of the Housing and Community Development Act of 1974. "No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity." Section 3 of the Housing and Community Development Act of 1968. The contractor will ensure that to the greatest extent feasible opportunities for training and employment arising in connection with this CDBG-assisted project will be extended to project area residents. Further, the contractor will, to the greatest extent feasible, utilize business concerns located in or substantially owned by residents of the project area, in the award of contracts and purchase of services and supplies. Minority Business Enterprise. Under the provisions of Executive Order 11246 contractors on federally-funded projects are required to take affirmative steps to assure that minority businesses are used when possible as sources of supplies, equipment, construction and services. Additionally, the contractor must document all affirmative steps taken to solicit minority businesses and forward this documentation along with the names of the minority subcontractors and suppliers to the owner upon request. Nondiscrimination Provision in all Public Contracts Pursuant to Section 49-3- 207, MCA, the Contractor certifies that all hiring will be on the basis of merit and qualifications and there will be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin. 10. UNIFORM FEDERAL ACCESSIBILITY STANDARDS (UFAS) All design specifications for the construction of any building shall provide access to the physically handicapped in accordance with the Uniform Federal Accessibility Standards and HUD regulations 24 CFR Part 8, "Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of HUD". 11. CERTIFICATION OF COMPLIANCE WITH FEDERAL CLEAN AIR AND WATER ACTS (Applicable to federally assisted construction contracts and related sub- contracts exceeding $100,000.) During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR 15, as amended. ---PAGE BREAK--- ATTACHMENT A 12 12. CONTRACTOR ELIGIBILITY The Contractor certifies that the Contractor's firm and the firm's principals are not debarred, suspended, voluntarily excluded, or otherwise ineligible for participation in federally assisted contracts under Executive Order 12549, "Debarment and Suspension" (24 CFR 24.505). ---PAGE BREAK--- ATTACHMENT A 13 ---PAGE BREAK--- ATTACHMENT A 14 ---PAGE BREAK--- ATTACHMENT A 15 ---PAGE BREAK--- ATTACHMENT A 16 ---PAGE BREAK--- ATTACHMENT A 17 General Decision Number: MT100001 04/09/2010 MT1 Superseded General Decision Number: MT20080001 State: Montana Construction Type: Heavy Counties: Montana Statewide. HEAVY CONSTRUCTION PROJECTS ZONE DEFINITIONS CARPENTERS, *CEMENT MASONS, LABORERS, AND TRUCK DRIVERS The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Court House of the folowing listed towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HAVRE, HELENA, KALISPELL, LEWISTOWN, MILES CITY, MISSOULA Zone 1: 0 to 30 miles - Base Pay Zone 2: 30 to 60 miles - Base Pay + $2.95 Zone 3: Over 60 miles - Base Pay + $4.70 *CEMENT MASONS ZONES: The above cities plus DILLON, GLASGOW, GLENDIVE, SIDNEY Modification Number Publication Date 0 03/12/2010 1 04/09/2010 CARP0028-002 05/01/2009 Rates Fringes Carpenters: (Zone 1) Carpenter & Pilebuck........$ 23.25 8.90 27.25 8.90 ---PAGE BREAK--- ATTACHMENT A 18 CARP0028-004 06/01/2006 Rates Fringes Diver 27.27 7.80 56.54 7.80 DEPTH PAY (Surface Diving) 050 to 100 feet $2.00 per foot 101 to 150 feet $3.00 per foot 151 to 220 feet $4.00 per foot 221 ft & deeper $5.00 ELEC0044-001 06/01/2009 Rates Fringes Line Construction 35.76 4.75%+10.61 Equipment Operator......$ 25.13 10.95 Experienced Groundman...$ 20.27 10.33 ELEC0233-001 08/01/2009 Blaine, Broadwater, Cascade, Chouteau, Fergus, Glacier, Hill, Judith Basin, Lewis & Clark, Liberty, Meagher, Petroleum, Phillips, Pondera, Teton, Valley, and Wheatland Counties Rates Fringes 27.96 4.75%+9.36 ELEC0233-002 08/01/2009 BEAVERHEAD, DEER LODGE,GRANITE, JEFFERSON, MADISON, POWELL, AND SILVER BOW COUNTIES Rates Fringes 26.10 4.75%+10.80 ELEC0532-001 06/01/2009 GALLATIN, PARK, AND SWEET GRASS COUNTIES ---PAGE BREAK--- ATTACHMENT A 19 Rates Fringes 26.61 4.725%+9.00 ELEC0532-003 06/01/2009 BIG HORN, CARBON, CARTER, CUSTER, DANIELS, DAWSON, FALLON, GARFIELD, GOLDEN VALLEY, McCONE, MUSSELSHELL, POWDER RIVER, PRAIRIE, RICHLAND, ROOSEVELT, ROSEBUD, SHERIDAN, STILLWATER, TREASURE, WIBAUX AND YELLOWSTONE COUNTIES Rates Fringes 29.55 4.25%+9.50 ELEC0768-001 03/01/2008 FLATHEAD, LAKE, LINCOLN, MINERAL, MISSOULA, RAVALLI, AND SANDERS COUNTIES Rates Fringes 27.10 10.71 ENGI0400-001 05/01/2009 Rates Fringes Power Equipment Operator (Zone 1) Group 23.47 9.50 Group 23.94 9.50 Group 24.34 9.50 Group 25.00 9.50 Group 25.50 9.50 Group 26.60 9.50 Group 27.10 9.50 ZONE DEFINITIONS FOR POWER EQUPMENT OPERATORS: The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Court House of the folowing listed towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL, ---PAGE BREAK--- ATTACHMENT A 20 MISSOULA Zone 1: 0 to 30 miles - Base Pay Zone 2: 30 to 60 miles - Base Pay + $3.50 Zone 3: Over 60 miles - Base Pay + $5.50 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Air Compressor; Auto Fine Grader; Belt Finishing Machine; Boring Machine, small; Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-end Loader under 1 cu yd; Heavy Duty Drills; Herman Nelson Heater; Mulching Machine; Oiler, all except Cranes. & Shovels; Pumpman. GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to and including 3 cu yd; Bit Grinder; Bituminous Paving Travel Plant; Boring Machine, large; Broom, self-propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber- Tired, Push & Side Boom; Elevating Grader/Gradall; Field Equipment Serviceman; Front-end Loader 1 cu yd to including 5 cu yd; Grade Setter; Heavy Duty Drills, all types; Hoist/Tugger, all; Hydralift & similar; Industrial Locomotive; Motor Patrol, except Finish; Mountain Skidder; Oiler - Cranes & Shovels; Pavement Breaker, EMSCO; Power Saw, self-propelled; Pugmill; Pumpcrete/Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot, self- propelled; Roller, 25 tons and over; Ross Carrier; Rotomill under 6 ft; Trenching Machine; Washing/Screening Plant. GROUP 3: Asphalt Paving Machine; Asphalt Screed; Backhoe/Excavator/Shovel over 3 cu yd; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine/Slip Form Paver; Finish Dozer; Front-end Loader over 5 cu yd; Mechanic/Welder; Pioneer Dozer; Roller, Asphalt (Breakdown & Finish); Rotomill, over 6 ft; Scraper, single, twin, or pulling Belly Dump; Yo-Yo Cat. GROUP 4: Asphalt/Hot Plant Operator; Cranes, 25 tons to 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. ---PAGE BREAK--- ATTACHMENT A 21 GROUP 5: Cranes, 45 tons to including 74 tons; GROUP 6: Cranes, 75 tons to including 149 tons; Crane, Whirley (all). GROUP 7: Cranes, 150 tons to including 250 tons (add $1.00 for every 100 tons over 250 tons); Crane, Stiff-Leg or Derrick; Helicopter Hoist; Crane, Tower (all). IRON0014-002 07/01/2009 FLATHEAD, GLACIER, LAKE, LINCOLN, MINERAL, MISSOULA, AND SANDERS COUNTIES Rates Fringes 25.34 16.58 IRON0732-009 06/01/2009 REMAINING COUNTIES Rates Fringes 25.30 16.31 * LABO1686-001 05/01/2008 Rates Fringes LABORER (Zone 1) Group 17.14 6.72 Group 20.10 6.72 Group 20.24 6.72 Group 21.00 6.72 LABORER CLASSIFICATIONS GROUP 1: Flagperson GROUP 2: All General Labor work; Burning Bar; Bucket man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete worker; Curb Machine-Lay Down; Crusher and Batch worker; Fence Erector; Form Setter; Form Stripper; Heater Tender; ---PAGE BREAK--- ATTACHMENT A 22 Landscaper; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sealants for concrete and other materials; Sign Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman; Tail Hoseman; Tool Checker and Houseman; Traffic Control worker. GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker); Laser Equipment; Non-Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power. GROUP 4: Asphalt Raker; Cutting Torch; Grade Setter; High- Scaler; Power Saws (Faller & Concrete); Powderman ($1.00 per hour above Group 4 rate); Rock & Core Drill; Track or Truck mounted Wagon Drill; Welder including Air Arc PAIN0260-001 07/01/2002 BLAINE, BROADWATER, CASCADE, CHOUTEAU, DANIELS, FERGUS, GARFIELD, GLACIER, GRANITE (South of a line running East & West through the Southern city limits of Phillipsburg), HILL, JEFFERSON, JUDITH BASIN, LEWIS AND CLARK, LIBERTY, McCONE, MEAGHER, PETROLEUM, PHILLIPS, PONDERA, POWELL (South of a line running East & West through the Southern City limits of Helmsville), RICHLAND, ROOSEVELT, SHERIDAN, TETON, TOOLE, VALLEY, AND WHEATLAND COUNTIES Rates Fringes 13.85 1%+3.45 PAIN0260-002 07/01/2002 FLATHEAD, GRANITE (North of a line running East & West through the Southern city limits of Phillipsburg), LAKE, LINCOLN, MINERAL, MISSOULA, POWELL (North of a line running East & West through the Southern city limits of Helmsville), RAVALLI, AND SANDERS COUNTIES Rates Fringes 16.85 1%+3.45 ---PAGE BREAK--- ATTACHMENT A 23 PAIN1922-001 06/01/2009 BEAVERHEAD, BIG HORN, CARBON, CARTER, CUSTER, DAWSON, DEER LODGE, FALLON, GALLATIN, GOLDEN VALLEY, JEFFERSON, MADISON, MUSSELSHELL, PARK, POWDER RIVER, PRAIRIE, ROSEBUD, SILVER BOW, STILLWATER, SWEET GRASS, TREASURE, WIBAUX, AND YELLOWSTONE COUNTIES Rates Fringes PAINTER (Industrial, includes industrial plants, tanks, pipes, 21.00 0.00 PLAS0119-001 05/01/2008 STATEWIDE (except Deer Lodge, Jefferson, Powell, and Silver Bow Counties) Rates Fringes Cement Masons: (Zone 1) Area 18.83 6.96 Area 20.24 6.86 AREA 1: STATEWIDE (except Deer Lodge, Jefferson, Powell, and Silver Bow Counties) AREA 2: DEER LODGE, JEFFERSON, POWELL, AND SILVER BOW COUNTIES PLUM0030-003 09/01/2009 BIGHORN, BLAINE, CARBON, CARTER, CASCADE, CHOUTEAU, CUSTER, DANIELS, DAWSON, FALLON, FERGUS, GARFIELD, GOLDEN VALLEY, HILL, JUDITH BASIN, LIBERTY, McCONE, MEAGHER, MUSSELSHELL, PETROLEUM, PHILLIPS, PONDERA, POWDER RIVER, PRAIRIE. RICHLAND, ROOSEVELT, ROSEBUD, SHERIDAN, STILLWATER, TETON, TOOLE, TREASURE, VALLEY, WHEATLAND, WIBAUX AND YELLOWSTONE COUNTIES Rates Fringes PLUMBER 28.25 13.40 ---PAGE BREAK--- ATTACHMENT A 24 Industrial - Power Generating 30.60 13.40 PLUM0041-001 07/01/2009 BEAVERHEAD, BROADWATER, DEER LODGE, GALLATIN, GRANITE, JEFFERSON, LEWIS AND CLARK, MADISON, PARK, POWELL, SILVER BOW, AND SWEET GRASS COUNTIES Rates Fringes 28.60 10.75 PLUM0459-001 05/01/2009 FLATHEAD, GLACIER, LAKE, LINCOLN, MINERAL, MISSOULA, RAVALLI, AND SANDERS Rates Fringes 28.26 11.15 TEAM0002-001 05/01/2008 Rates Fringes Truck drivers: (Zone 1) Group 14.14 5.92 Group 18.84 5.92 TRUCK DRIVERS CLASSIFICATIONS: GROUP 1: Pilot Car GROUP 2: All Combination Trucks and Concrete Mixers; Distributor Driver; All Dry Batch Trucks; Dumpman, Gravel Spreader Box Operator; All Dump Trucks and similar equipment including DW 20, DW 21, or Euclid Tractor; Dumpsters; Flat Trucks; Servicemen; Lowboys, Four-Wheel Trailers; Float Semi-Trailer; Lumber Carriers, Lift Trucks & Fork Lifts; Pick-up Driver hauling material; Powder Truck (Bulk Unloader type); Power Boom; Service Truck Dirvers, Fuel Truck Drivers, Tiremen; All Water Tank Drivers; Petroleum Products Drivers; Trucks with Power Equipment such as Winch, A-Frame Truck, Crane, Hydralift, ---PAGE BREAK--- ATTACHMENT A 25 Gout-Crete Truck, and Combination Mulching, Seeding & Fertilizing Truck; Truck Mechanic WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in and should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations ---PAGE BREAK--- ATTACHMENT A 26 Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 If the answer to the question in is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 All decisions by the Administrative Review Board are final. END OF GENERAL DECISION ---PAGE BREAK--- ATTACHMENT B 27 Project Budget C. Project Budget Expenditures and Revenue Sources Source: CDBG - $105,582.00 Source: Parks & Rec $5,418.00 Source: Source: Total Project Budget $111,000.00 PROJECT COSTS (Include all costs directly related to delivering this service or accomplishing this project. Bases for project costs must be documented. Please include a Budget Narrative explanation of projected costs.) Salaries & Wages Employee Benefits Contracted Services Insurance, Legal & Financial Services Direct Client Assistance (include detailed costs of goods/services in narrative) Travel/Training Office Expenses Construction Costs (complete and attach separate construction budget; place totals here—do not duplicate line items) 105,582 5,418 111,000 SUBTOTAL: Project Costs 105,582 5,418 111,000 OTHER COSTS (include other costs needed to implement this service or project) SUBTOTAL: Other Costs GRAND TOTAL 105,582 5,418 111,000 ---PAGE BREAK--- -24- CONSTRUCTION BUDGET SOURCE SOURCE SOURCE SOURCE SOURCE SOURCE TOTAL PROJECT CDBG Parks & Rec BUDGET ADMINISTRATION Personnel Services (labor) Supplies (seed, amendments, etc.) 418.00 $418.00 Communications Printing/Duplication/Postage $615.00 $615.00 Other Administration TOTAL ADMINISTRATION $615.00 418.00 $1,033.00 LAND/ BLDG./ACQUISITION TOTAL LAND/BLDG./ACQ. SITE WORK Site Work (grading, hauling, prep) Off-Site Improvement Environmental Other (Interlocal COT-City for site work) TOTAL SITE WORK CONSTRUCTION AND REHAB New Building Rehabilitation $89,917.00 $5,000.00 $94,917.00 Accessory Structures (furnishings) TOTAL CONST. & REHAB $89,917.00 $5,000.00 $94,917.00 PROFESSIONAL WORK & FEES $15,050.00 $15,050.00 TOTAL PROF. WORK & FEES $15,050.00 ---PAGE BREAK--- -25- CONSTRUCTION BUDGET SOURCE SOURCE SOURCE SOURCE SOURCE SOURCE TOTAL PROJECT CDBG Parks & Rec BUDGET CONSTR. INTERIM FEES Hazard & Liability Insurance Credit Report Construction Interest Origination Points Discount Points Inspection Fees Title & Recording TOTAL CONST. INTERIM FEES PERMANENT FINANCING FEES Credit Report Discount Points Origination Fees Title and Recording Legal Fees TOTAL FINANCING FEES PROJECT RESERVES Rent-Up Reserve Operating Reserve Replacement Reserve TOTAL PROJECT RESERVES GRAND TOTAL PROJECT COSTS $105,582.00 $5,418.00 $111,000.00 ---PAGE BREAK--- -25- Budget Narrative Contacted services: budget includes Engineer services to include the following: Project Management and Administration @ $15,050.00  Research & Develop Deck Repair Strategies  Security System  Relocate & Repair Lighting  Landscaping at the North Bridge end  Develop Project plans  Develop Project specifications and construction cost estimates Related expenses to Administration @ $1,033.00 Construction Administration to include the following Construction – related items:  Overlay/seal concrete Deck @ $14,850.00  Epoxy Inject Cracks @ $13,000  Clean & Coat Existing Steel Deck Pans @ $5,000  Revise lighting @ $37,500  Landscaping at North end @ $7,500.00  Security System @ $5,000  Contingency costs @ $7,067.00  Total Construction cost estimated @ $89,917.00 Other Costs: construction related expenses to be covered by the Parks Department. Budgeted @ $5,000.00 Total Project estimated at $111,000.00 ---PAGE BREAK--- -25- Project Schedule Task -California Street Bridge CDBG Nov Dec Jan Feb March April May June July Aug Sept Oct Nov Finance CDBG Grant Submitted -11-23-09 X CDBG Grant Notification April 2010 X Develop RFQ/RFP X X Contracts RFQ/RFP notice for Engineering/Consultant Consultant selection Referral to Council Engineering/Consultants Research & Develop Deck Repair Strategies Security System Relocate & Repair Lighting Landscaping @ N Bridge Entrance Develop Project Plans Develop Project Spec & Cons. Cost Estimates Construction Administration Construction RFQ/RFP notice for Construction Construction Vendor Selected Referral to Council Notice of Bid Award Notice to Proceed Construction Close out of Project ---PAGE BREAK--- -25-