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FHWA AGENCY AGREEMENT Project:___ Rattlesnake Creek/ Broadway Crossing, MT CDP 2008(1)__ FHWA Agreement No: DTFH70- 10-E-00031 Other Agency’s Agreement (check one) FHWA is the Requesting Agency FHWA is the Servicing Agency EFFECTIVE DATE: See Block 8c, Signature Date EXPIRATION DATE: ___December 31, 2011____ Page 1 of 8 1. AGREEMENT. This Reimbursable Agreement (including the attached standard conditions) constitutes the entire agreement between the requesting agency and the servicing agency. 2a. AUTHORITY OF REQUESTING AGENCY: (check all that apply) 23. U.S.C. 204, Highways, Federal Lands Highway Program. (Applies when FHWA is the requesting federal agency and state agencies, civil subdivisions of a state, or Tribes who will perform services relating to planning, research, engineering, construction of Federal, roads/bridges, or transit facilities within public lands/NPS/Indian reservations.) □ 31 U.S.C. 1535, The Economy Act (Applies when 23 U.S.C. 308 does not apply. Authorizes one federal from another agency to secure items/services federa l agency.) 2b. AUTHORITY FOR SERVICING AGENCY: □ 23. U.S.C. 308, Highways, Cooperation with Federal and State Agencies & Foreign Countries. (Applies when FHWA is the Servicing Agency who will be performing engineering or other services to another Federal agency or to State/local government agencies. □ 23. U.S.C. 204, Highways, Federal Lands Highway Program. (Applies when FHWA is the requesting federal agency and state agencies, civil subdivisions of a state, or Tribes who will perform services relating to planning, research, engineering, construction of Federal, roads/bridges, or transit facilities within public lands/NPS/Indian reservations.) □ 31 U.S.C. 1535, The Economy Act (Applies when 23 U.S.C. 308 does not apply. Authorizes one federal agency to secure items/services from another federa 3a. REQUESTING AGENCY ADDRESS l agency.) Federal Highway Administration Western Federal Lands Highway Division 610 East Fifth Street Vancouver, WA 98661-3801 3b. SERVICING AGENCY ADDRESS City of Missoula 435 Ryman Street Missoula, MT 59802 4a. FHWA Accounting & Appropriation Data: 1517300200801 531.00.TYZ0.30 [PHONE REDACTED] 25304 4b.SERVICING AGENCY Accounting & Appropriation Data: 5. FUND AMOUNT Amount Obligated by this Action: $_625,000.00 6. PAYMENT AND BILLING The other party to this agreement is a: _ (Check one) □ Federal Agency Requesting Agency’s Location Code (see block 7a or 7b, as applicable.) . Bill via Interagency Payment and Collection (IPAC) to Other than a Federal Agency invoice in a format and frequency designated in Section IV of Agreement. . Agencies must submit an acceptable See “Financial Administration” portion of this document for further details. 7a. FHWA FINANCE CONTACT 1. 8-digit Agency Location Code (ALC): 2. Dunns Number: 69-05-0001 3. TAS 139-768-597 4. Finance Office Contact: 5. Finance Phone: ( Katie Johnson 6. Finance FAX: ( 360) 619-7660 7. Finance email : 360) 619-7945 [EMAIL REDACTED] 7b. SERVICING AGENCY FINANCE CONTACT 1. 8-digit Agency Location Code (ALC): N/A 2. Dunns Number: 3. Finance Office Contact: 014-313-894 Leigh M. Griffing 4. Finance Phone: 5. Finance FAX: (406) 552-6122 6. Finance email : (406) 552-6120 [EMAIL REDACTED] 8a. FHWA APPROVAL (Name & Title - (type or print) Marlene M. Marcellay, Contracting Officer 9a. OTHER AGENCY APPROVAL (Name & Title - type or print) b. Signature c. Date b. Signature c. Date d. Phone : (360) 619-7565 d. Phone: Email : [EMAIL REDACTED] Email: ---PAGE BREAK--- FHWA AGENCY AGREEMENT Project:___ Rattlesnake Creek/ Broadway Crossing, MT CDP 2008(1)__ FHWA Agreement No: DTFH70- 10-E-00031 Other Agency’s Agreement (check one) FHWA is the Requesting Agency FHWA is the Servicing Agency EFFECTIVE DATE: See Block 8c, Signature Date EXPIRATION DATE: ___December 31, 2011____ Page 2 of 8 I. INTRODUCTION RATTLESNAKE CREEK/BROADWAY CROSSING-City of Missoula A. Location This project is located in Missoula County, Montana in the lower Rattlesnake Valley area of the City of Missoula. The project limits are from the intersection of Spruce Street and Madison Street west of Rattlesnake Creek, linking through the Van Buren Street/East Broadway Street intersection, to the Van Buren Street Bridge at Front Street. B. Background A Congressional earmark in FY 2006 funded engineering and construction of a pedestrian and bicycle bridge over East Broadway Street in the vicinity of Rattlesnake Creek. However funding was not sufficient to build the new bridge over this arterial street. The earmark was modified in FY2008 to fund engineering, right-of-way acquisition, and construction of pedestrian and bicycle access improvements from the lower Rattlesnake Valley to the existing Van Buren Street pedestrian and bicycle bridge. C. Project Description The proposed project is to install a pedestrian and bicycle bridge across Rattlesnake Creek, construct a trail from the Rattlesnake Creek bridge to Van Buren Street, improve pedestrian and bicycle facilities on Van Buren Street to Front Street, and improve safety and operations at the Van Buren Street and East Broadway Street intersection. The project enhances existing Rattlesnake neighborhood access to the University of Montana with improved safety and multi-modal facilities. II. STATEMENT OF WORK A. General 1. Provide project management for the Rattlesnake to University Crossing (RUX) project. 2. Submit a progress report with each reimbursement request indicating dates the reimbursement request covers, work associated with the reimbursement request that has been completed and anticipated dates of major project milestones (i.e. survey completion, preliminary design completion, construction start, and construction completion). 3. For the purposes of this agreement, Preliminary Design refers to design activities necessary to support a National Environmental Policy Act (NEPA) decision. Final Design refers to those activities necessary to advance the project from a NEPA decision through awarding a contract for construction. 4. Utility relocation is not anticipated for this project. Funding of any utility relocation will be addressed with a mutually agreed upon modification to this agreement. 5. Rights-of-way and/or easements acquisitions are anticipated for this project. 6. This agreement provides for funding of a progression of project activities. Initially only preliminary design is funded. Final design, utility relocation, right of way acquisition and construction will not be eligible for reimbursement until environmental decision document has been completed and approved by Federal Highway Administration-Western Federal Lands Highway Administration If environmental decision document indicates significant impacts or identifies the preferred alternative to be a “no-build” alternative, then this reimbursable agreement will be terminated with no eligibility for post NEPA activities. 7. and the City may amend or terminate this agreement to adjust to project development needs. ---PAGE BREAK--- FHWA AGENCY AGREEMENT Project:___ Rattlesnake Creek/ Broadway Crossing, MT CDP 2008(1)__ FHWA Agreement No: DTFH70- 10-E-00031 Other Agency’s Agreement (check one) FHWA is the Requesting Agency FHWA is the Servicing Agency EFFECTIVE DATE: See Block 8c, Signature Date EXPIRATION DATE: ___December 31, 2011____ Page 3 of 8 B. Preliminary Design 8. Perform a site survey as necessary to support the design and environmental compliance needs of the project. 9. Prepare and submit a preliminary plan package to The preliminary plan package is to include the following elements: 10. Curbs, sidewalks, trails, ADA compliant access ramps, a pedestrian and bicycle bridge, drainage, pavement, signing, street paint, fencing, lighting, and may include traffic signal modifications as needed. 11. Construction estimate. C. Environmental Compliance 12. Coordinate environmental compliance efforts with FHWA environmental staff. Utilizing the information provided by this reimbursable agreement, FHWA will write an independent environmental decision document. Coordinate any changes associated with environmental issues with FHWA. 13. To support environmental compliance efforts, coordinate, develop and complete tasks including resource surveys, studies and assessments for documentation. Environmental compliance tasks are anticipated to include the following: 13.1. National Historic Preservation Act (NHPA) 13.1.1. A qualified archeologist shall perform resource surveys of the area of potential effect (APE) for the project area in compliance with Department of Interior guidelines. If the APE includes land owned or controlled by the federal government, then obtain a permit from the federal land management agency to conduct resource surveys in accordance with the Archaeological Resources Protection Act. 13.1.2. Tribal consultation is a federal-agency-to-tribal-government relationship; therefore tribal contacts and consultation will be performed by FHWA. Submit a draft letter to for use in initiating tribal consultation. 13.1.3. Submit a written report documenting findings, including recommendations of draft findings to FHWA that complies with applicable State Historic Preservation Office (SHPO) standards for use in Section 106 of the National Historic Preservation Act (NHPA) consultation. 13.2. Wetlands 13.2.1. A qualified biologist will identify the presence or absence of wetlands or other waters of the U.S. within the area of potential impacts (API). Wetlands believed to be under the U.S. Army Corps of Engineers (USACE) should be identified. This may include but is not limited to referencing the National Wetland Inventory or local wetland inventory, NRCS soil survey maps, and field observations. 13.2.1.a. If no potential wetlands are observed within the API, these findings can be documented in a short report. 13.2.1.b. If potential wetlands exist in the API, delineate wetlands in accordance with the USACE 1987 Wetland Delineation Manual. 13.3. Threatened & Endangered (T&E) Species and Essential Fish Habitat (EFH) 13.3.1. A qualified biologist or botanist shall perform threatened and endangered species and essential fish habitat studies within the API. 13.3.2. The biologist will obtain updated T&E species lists for the project area from the US Fish and Wildlife Service (USFWS) and, if appropriate, NOAA Fisheries Service. 13.3.3. If there are no T&E species or EFH within the API or the proposed project would have no effect to any T&E species or no adverse effect on EFH within the API, the ---PAGE BREAK--- FHWA AGENCY AGREEMENT Project:___ Rattlesnake Creek/ Broadway Crossing, MT CDP 2008(1)__ FHWA Agreement No: DTFH70- 10-E-00031 Other Agency’s Agreement (check one) FHWA is the Requesting Agency FHWA is the Servicing Agency EFFECTIVE DATE: See Block 8c, Signature Date EXPIRATION DATE: ___December 31, 2011____ Page 4 of 8 biologists/botanist shall submit a finding to FHWA documenting their finding and the basis for their conclusion. 13.3.4. If there are T&E species within the API and the project may affect these species, submit a written Biological Assessment (BA) following USFWS guidelines to FHWA. 13.3.5. If the project may affect threatened or endangered species, perform Section 7 consultation as appropriate with USFWS and NOAA Fisheries Service. If appropriate, include consultation for EFH. 13.3.6. Following consultation, submit as appropriate a copy of Section 7 concurrence letter or Biological Opinion from the USFWS and NOAA Fisheries Service to FHWA. 13.4. Other Environmental Issues 13.4.1. Identify, as soon as possible, other environmental issues. These may include: 13.4.1.a. Coastal Zones 13.4.1.b. Floodplains 13.4.1.c. Hazardous Materials 13.5. Permits 13.5.1. Identify all permits necessary for construction and submit a list of permits to FHWA. 13.5.2. Submit a copy of completed permit applications to FHWA for all necessary permits. 13.5.3. Obtain permits necessary for construction. D. Final Design 14. Do not initiate final design, utility relocation, right of way acquisition or construction activities until FHWA has written an independent environmental decision document(s). 15. Develop a final plan, specifications, and construction estimate package to include the following elements in conformance with the FHWA environmental decision document(s): 15.1. Curbs, sidewalks, bike lanes, ADA compliant access ramps, drainage, pavement, signing, street paint, and may include minor retaining walls or slope work as needed. 15.2. Project Specifications 15.3. Construction estimate E. Construction 16. Submit a final plan, specifications, and construction estimate package to construct the Miller Creek Project in conformance with the FHWA environmental decision. 17. Construct and administer the project in conformance with the FHWA environmental decision document. 18. The project is to comply with the Davis-Bacon Act, which requires payment of prevailing wages. F. Post Construction 19. The project will be owned and maintained by the City of Missoula. G. Summary of Deliverables Preliminary Design Delivery Due On or Before Date • Submit a copy of the preliminary plans and estimate 12/1/10 National Historic Preservation Act (NHPA) • Submit a draft letter to FHWA to initiate tribal consultation. 10/1/10 ---PAGE BREAK--- FHWA AGENCY AGREEMENT Project:___ Rattlesnake Creek/ Broadway Crossing, MT CDP 2008(1)__ FHWA Agreement No: DTFH70- 10-E-00031 Other Agency’s Agreement (check one) FHWA is the Requesting Agency FHWA is the Servicing Agency EFFECTIVE DATE: See Block 8c, Signature Date EXPIRATION DATE: ___December 31, 2011____ Page 5 of 8 Preliminary Design Delivery Due On or Before Date • Submit a written report to FHWA for use in Section 106 of the National Historic Preservation Act (NHPA) consultation. 2/1/11 Wetlands • Submit a report identifying the presence or absence of jurisdictional wetlands 3/1/11 Threatened & Endangered (T&E) Species and Essential Fish Habitat (EFH) • Submit a finding to FHWA documenting their finding and the basis for their conclusion. 3/1/11 • Submit a copy of Section 7 concurrence letter or Biological Opinion from the USFWS and NOAA Fisheries Service to FHWA. 3/1/11 Permits • Submit a list of all permits necessary for construction to FHWA. 4/1/11 • Submit a copy of completed permit applications to FHWA for all necessary permits. 5/1/11 • Submit to FHWA a copy of all permits necessary for construction. 7/1/11 Final Design • Submit a copy of the final plans, specifications, and construction estimate. 7/1/11 Construction • Complete Construction 12/31/11 H. Cost Budget The cost of the work is Not to Exceed $625,000.00, unless an amendment to the Agreement is made in writing and agreed to by both parties. The City of Missoula shall submit all invoices to FHWA for actual and reasonable costs incurred for reimbursement. See Section IV, D. Method of Billing and Proper Submission of Invoices. See ATTACHMENT I – Preliminary Engineer Cost Work Sheet III. TERM OF AGREEMENT – Period of Performance The terms and conditions of this agreement shall become effective with and upon execution by FHWA Contracting Officer and shall remain in effect for the Period of Performance through December 31, 2011 , unless modified in writing by mutual agreement or terminated by either party upon thirty (30) days written notice. Full credit shall be allowed for each party's reimbursable costs and all non-cancelable obligations properly incurred up to the effective date of termination. IV. FINANCIAL ADMINISTRATION A. Total Agreement Amount : See block cover page, for funds obligated by this agreement. Funding Citations: See blocks 4a & 4b. of cover page. B. Reimbursable Payment: The servicing agency will receive payment on a reimbursable basis, upon receipt of invoice of costs incurred and authorized. The servicing agency is limited to recovery of actual costs only, to include back-up data with each request for payment. Back-up data includes all documents needed to support the requested reimbursement, such as record of contract payments, receipts, payrolls, and so on. ---PAGE BREAK--- FHWA AGENCY AGREEMENT Project:___ Rattlesnake Creek/ Broadway Crossing, MT CDP 2008(1)__ FHWA Agreement No: DTFH70- 10-E-00031 Other Agency’s Agreement (check one) FHWA is the Requesting Agency FHWA is the Servicing Agency EFFECTIVE DATE: See Block 8c, Signature Date EXPIRATION DATE: ___December 31, 2011____ Page 6 of 8 C. Prompt Payment: The Government considers payment as being made the day a check is dated or the date of an electronic funds transfer (EFT). All days referred to in this clause are calendar days. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make the payment on the following working day without incurring a late payment penalty. The due date for making payments by the designated payment office is the 30th day after the designated billing office receives a proper invoice from the agency, or the 30th day after Government acceptance of services performed or supplies delivered. The Prompt Payment regulations do not require the Government to pay interest penalties if based on improper submission of invoices and incorrect EFT information provided by the Servicing Agency. The Government will compute any interest penalty in accordance with the Office of Management and Budget prompt payment regulations (5 CFR Part 1315). D. Method of Billing and Proper Submission of Invoices: (See block 6 of cover page) The Government shall pay the Servicing Agency, upon the submission of proper invoices, the prices stipulated in the agreed upon cost budget for services rendered or supplies delivered, as stated in Section II, C. Cost Budget. All invoices and final payments should reference the Agreement number, Project reference/title, and the COTR’s name and be sent to one of the following addresses: US MAIL Western Federal Lands A/P Branch, AMZ-150 Western Federal Lands A/P Branch, AMZ-150 FedEx PO Box [PHONE REDACTED] S. MacArthur Blvd. Oklahoma City, OK 73125 Oklahoma City, OK 73169 Invoices may also be sent in .PDF format by electronic mail to [EMAIL REDACTED]. The subject line of the message must include Agreement Number, Project reference/title, and invoice number. If the invoice is NOT Prompt Net 30, Terms should also be identified in the subject line, (for example, Prompt Net 14). The following correct information constitutes a proper invoice and is required as payment documentation: 1) Name of Organization 2) Invoice Date 3) Agreement Number 4) Vendor Invoice Number 5) Organization Invoice Amount 6) Description and quantity of goods and services rendered 7) Performance Period 8) Shipping and payment terms 9) Other substantiating documentation required by the Agreement E. Administrative Fee: additional administrative fees. Unless otherwise explicitly stated in this Agreement, FHWA shall not be liable for any V. KEY OFFICIALS REQUESTING AGENCY – FHWA/Western Federal lands Highway Division Contact: Keith Wong, Contracting Officer's Technical Representative (COTR) Voice: (360) 619-7547 Fax: (360) 619-7846 Email: [EMAIL REDACTED] ---PAGE BREAK--- FHWA AGENCY AGREEMENT Project:___ Rattlesnake Creek/ Broadway Crossing, MT CDP 2008(1)__ FHWA Agreement No: DTFH70- 10-E-00031 Other Agency’s Agreement (check one) FHWA is the Requesting Agency FHWA is the Servicing Agency EFFECTIVE DATE: See Block 8c, Signature Date EXPIRATION DATE: ___December 31, 2011____ Page 7 of 8 SERVICING AGENCY- CITY OF MISSOULA Contact: Steve King, Director of Public Works Voice: (406) 552-6353 Email: [EMAIL REDACTED] VI. SPECIAL PROVISIONS A. All allowable costs are in accordance with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments. B. Single Audit Requirement: Non-Federal entities that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with the provisions of OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments. Upon completion of the audit, Ravalli County shall provide a copy to the COTR who will forward to the Acquisition Office, ATTN: Contracting Officer. C. The City of Missoula will award the construction contract(s) by competitive bid procedures or offered to eligible Small or Minority Owned Business interests. D. Any resultant contract must be issued with the Davis Bacon wage rate regulations. VII. MODIFICATIONS Any modifications to the Agreement must be made in writing and agreed to by both parties. Such authorizations are not binding unless they are in writing and signed by personnel authorized to bind each of the agencies. VIII. AGREEMENT COMPLETION When the Requesting Agency has accepted all deliverables, the Servicing Agency will provide a written project evaluation and final accounting of project costs to the requesting agency contact. IX. TERMINATION Either agency may terminate this agreement upon 30-calendar day (or as designated in the statement of work) prior written notification to the other agency. If this agreement is terminated by the Servicing Agency, its liability shall extend only to the release of its work products and related materials to the Requesting Agency by the effective date of termination. If this agreement should be terminated by the Requesting Agency, its liability shall extend only to pay for the actual and reasonable costs of the items/services rendered and the costs of any non- cancelable obligations incurred in accordance with the terms of this agreement prior to the effective date of termination. Otherwise, the Agreement will terminate upon the expiration date of December 31, 2011 unless the period of performance is extended by amendment to the agreement and as agreed by both parties. ---PAGE BREAK--- FHWA AGENCY AGREEMENT Project:___ Rattlesnake Creek/ Broadway Crossing, MT CDP 2008(1)__ FHWA Agreement No: DTFH70- 10-E-00031 Other Agency’s Agreement (check one) FHWA is the Requesting Agency FHWA is the Servicing Agency EFFECTIVE DATE: See Block 8c, Signature Date EXPIRATION DATE: ___December 31, 2011____ Page 8 of 8 X. Agreement Standard Conditions Financial 1. Funding. In no case will the Servicing Agency make commitments or expenditures beyond 100% of funds obligated under this agreement as modified. 2. Additional funds. The Requesting Agency and the Servicing Agency shall closely monitor funds. The Requesting Agency may increase the total obligation by modifying this agreement. 3. Duration of the agreement. When agreement performance is expected to extend beyond the funding limits of the Requesting Agency’s appropriation, the agreement may be extended provided the agencies have executed a modification using new funding. 4. Agreement Closeout. Upon receipt of the final accounting of project costs, the Requesting Agency will close the Servicing Agency account. The remaining balance in the agreement account will be de-obligated by the Requesting Agency Finance Office upon receipt of approved close-out documentation by the Contracting Officer. Laws 5. Compliance with Applicable Laws. Both parties agree to comply with authorities, laws and regulations cited in this document. 6. 508 Compatibility. Each Electronic & Information Technology (EIT) item/service furnished under this agreement shall comply with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as updated in 1998. 7. Competition Requirements for Servicing Agency. All acquisitions awarded by the servicing agency in performance of this agreement shall comply with the Competition in Contracting Act (CICA), public law 98-369. (Applicable to agreements with other Federal agency) Administration 8. Responsibilities. The Requesting Agency COTR and the Servicing Agency designated official shall be responsible for technical oversight of the specified item/service, as set forth in the attached statement of work. 9. Third Party Liability. With respect to third-party liability for acts arising out of the performance of official duties by a government employee of the Servicing Agency, the Servicing Agency undertakes responsibilities for the investigation, adjudication, settlement, and payment of any claim asserted against the United States; except that, in all cases, the responsibility for the investigation, adjudication, settlement, and payment of any claim with respect to third-party liability arising out of the use, damage, or destruction of loaned personal property shall be the responsibility of the particular agency that has custody and control of the said personal property. In addition, the Servicing Agency representative shall have the duty of investigating and reporting, in accordance with the Servicing Agency’s regulations and policies, incidents occurring on, or involving that Servicing Agency’s real property, and the Requesting Agency agrees to cooperate fully in such investigations. 10. Disputes. Agency employees responsible for the administration of this agreement will be the initial points of contact for any disputes arising under this agreement. Disputes may be submitted in writing to either of these persons. Any disputes that are not resolved at this level may be referred to their respective agency’s reviewing official for resolution. Pending the resolution or claim pursuant to this article, the parties agree that performance of all obligations shall be pursued diligently in accordance with terms and conditions of the Agreement. Other 11. Property. Purchase of equipment required for performance of the work must be authorized by the agreement. 12. Travel. All travel under this agreement shall be in accordance with the Federal Travel Regulations, unless otherwise agreed to by both agencies.