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PROJECT NUMBER: CM 8199(97) (UPN 2740) BICYCLE-PEDESTRIAN COORDINATOR AGREEMENT FOR 2010 - MISSOULA BIKE/PED PROGRAM 1 ---PAGE BREAK--- MISSOULA CMAQ BICYCLE-PEDESTRIAN PROGRAM AGREEMENT This Agreement is entered into between the Montana Department of Transportation, "MDT", and the City of Missoula, "City". WHEREAS, MDT and City recognize the need to improve air quality and reduce traffic congestion in the Missoula Metropolitan area; and WHEREAS, it is to the advantage of MDT and City to coordinate their efforts through a cooperative agreement for the administration and distribution of federal Congestion Mitigation and Air Quality (CMAQ) funding in order to address this need; and WHEREAS, as established under the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA), continued under the Transportation Equity Act of the 21 st Century (TEA-21) and SAFETEA-LU, the purpose of the program is to fund transportation projects or programs that will contribute to attainment of national ambient air quality standards (NAAQS); and WHEREAS the Transportation Control Measures (TCMs) included in Section 108(f) of the Clean Air Act Amendments of 1990 are the kinds of projects intended by ISTEA, TEA-21 and SAFETEA-LU for CMAQ funding and generally fulfill the eligibility criteria. Eligible TCMs for bicycle-pedestrian programs outlined include: 1) Programs to limit portions of road surfaces or certain sections of the metropolitan area to the use of non-motorized vehicles or pedestrian use, both as to time and place. 2) Programs for secure bicycle storage facilities and other facilities, including bicycle lanes, for the convenience and protection of bicyclists, in both public and private areas. 3) Programs and ordinances to facilitate non-automobile travel, provision and utilization of mass transit, and to generally reduce the need for single-occupant vehicle travel, as part of transportation planning and development efforts of a locality, including programs and ordinances applicable to new shopping centers, special events, and other centers of vehicle activity. 4) Programs for new construction and major reconstruction of paths, tracks or areas solely for the use by pedestrian or other non-motorized means of transportation when economically feasible and in the public interest. In addition to the above, ISTEA made specific mention of the eligibility of bicycle pedestrian facilities and programs under CMAQ (23 U.S.C. §217 & Included as eligible projects are: *Construction of bicycle and pedestrian facilities. *Non-construction projects related to safe bicycle use. NOW, THEREFORE, in consideration of the mutual covenants herein provided, it is agreed that: MDT will: 2 ---PAGE BREAK--- 1. Make not more than one payment (as provided in paragraph 2) to the City on a cost reimbursement basis for 86.58% of the actual total direct costs incurred by the City in the performance of programs and projects so designated in this Agreement within 30 days of billing by the City. 2. Total costs for this project are $40,400, including indirect costs based on the proposed rate of 13.350/0. 3. Based on total costs for project activities of $35,642, as reflected on page 4 of this agreement, reimburse the City for the federal share of eligible direct costs associated with the subject projects up to a maximum of $30,859 (86.58%). MDT will not reimburse any additional project costs over or above that amount, whatever the final costs may be. 4. Bill City for indirect costs (IDC) on local match as per #2 under lilt is further agreed that" section of this agreement. The City will: 1. Submit progress information on an ongoing basis and a final activity report. This final report will be submitted to the MDT Statewide & Urban Planning Section along with the final billing for this contract. 2. All costs billed will be actual and supported by an acceptable BARS accounting system as provided under Section 2-7-504, M.C.A. The City will submit claims/bills for payment of interim costs for all phases of work directly to MDT's Statewide & Urban Planning Section in Helena. 3. Include the planned activities relating to this Agreement for the upcoming fiscal year in the proposed Work Program submitted to MDT. 4. Complete the following projects during the term of the contract defined as follows: A. IMPLEMENT: SHORT TERM BICYCLE PARKING FACILITIES BUDGET: $3,915 COMMENTS: Installation of bicycle racks throughout the urban area. Install 17 racks at a 50% cost-share with participating businesses at $55 each, and 17 'racks at $110 each. Contribute 1/2 of cost of a bike corral in Missoula (one rack parking for 12 bikes, placed in an on- street car-parking space)--$1,100 B. IMPLEMENT: WALKABLE MISSOULA - ACTIVE TRANSPORTATION FOR CHILDREN BUDGET: $2,370 COMMENTS: Continue the Walkable Missoula program's emphasis on encouraging "Safe Ways to School" with brochures, publicity, organizing "Walking School Buses", and support of "Walk Your Child to School Day" in September. Includes hiring an intern to work with school teams. Produce a brochure for PW staff to leave at residences reminding residents to keep sidewalks clear. 3 ---PAGE BREAK--- C. IMPLEMENT: BUDGET: COMMENTS: BIKE-WALK BUS WEEK $6,600 Continue this highly effective annual event: promotional materials including posters, advertising and booklets for 20th annual event, promoting alternative transportation use. D. IMPLEMENT: BIKE/PED SAFETY BUDGET: $12,757 COMMENTS: Continue implementing bicycle and pedestrian safety campaigns using TV and radio spots. Bike lights for fall bike lights campaign. Reflective tape for distribution to schools E. IMPLEMENT: PROMOTE BICYCLING BUDGET: $10,000 COMMENTS: Hire two Bicycling Ambassadors (summer interns) to promote bicycling safety and bicycling use throughout the community, building on successful program initiated in 2003. F. SUMMARY: 5 work elements totaling $35,642. 5. Let and administer any contracts in accordance with acceptable bidding procedures as provided for under Sections 7-5-4301 through -4322, M.C.A. (Acceptable bidding procedures will include incorporation of the State's EEO requirements in accordance with Exhibit attached hereto, and State or Davis Bacon wage rate requirements in all project-related contract specifications.) 6. Maintain all projects from this agreement in good repair and condition. 7. Be considered a contractor that shall pursue the projects and programs in this Agreement in accordance with all applicable federal, state, and local laws, statutes, ordinances, rules, regulations and MDT standards; as well as the provisions outlined in Exhibit 8. With direction from the State, through the effort of the Missoula Bicycle-Pedestrian Coordinator, implement non-motorized air quality projects and programs that will conform to and be funded by CMAQ legislation governing eligible projects. 9. Provide a copy of its workers compensation coverage certificate and liability insurance to be attached to the contract. It is further agreed that: 1. This Agreement is valid from the date of signature of the appropriate MDT and City officials through June 30,2011. This agreement can be modified only by written amendment, signed and dated by both agencies involved. 4 ---PAGE BREAK--- 2. Section 17-1-106, MCA, requires any state agency, including MDT, that receives non- general funds to identify and recover its indirect costs. These costs are in addition to direct project costs. MDT's indirect cost rate is determined annually as a percentage of the project's direct costs to cover the project's share of MDT's indirect costs as defined by OMS Circular A-87. MDT's proposed rate for fiscal year 2011 (July 1, 2010 to June 30, 2011) is 13.35%. For this project, indirect costs will be charged to the federal CMAQ funding and the required local match. MDT will bill the City the indirect costs applicable to the local match. If the invoice is not paid within 30 days, MDT may charge interest at 10% per annum on any unpaid balance after due date. [Note: if this project extends across more than one fiscal year, more than one annual rate will be involved, as the rates may change during the life of the project.] 3. Either party may terminate this Agreement in writing. In the event this Agreement is terminated, the City will not be reimbursed for any costs that may be incurred after the date of termination. 4. The City is not obligated to spend the total funds requested to complete the programs and projects stated herein. If some of the requested funds are not spent, the balance will not be paid to the City. 5. The City contact person shall be Phil Smith, Program Manager, Missoula Office of Public Works, Bicycle/Pedestrian Office, 435 Ryman, Missoula, Montana 59802-4297. MDT's contact person shall be the Supervisor, Statewide & Urban Planning Section, Department of Transportation, 2701 Prospect Avenue, Helena, Montana 59620-1001. 6. All information generated as a result of this Agreement will be made available to MDT and may not be copyrighted except with prior written approval by MDT. Except for possible copyrighting, the City and MDT are free to use the data and results without restriction. 7. Hold Harmless. Except for any suits, claims, actions, losses, costs or damages which are solely the result of the negligent acts or omissions or misconduct of MDT employees, the City agrees to protect, indemnify, and save harmless the State of Montana and MDT against and from all claims, liabilities, demands, causes of action, judgments (with any costs and fees that might be awarded), and losses to them as a result of errors or omissions in design and/or plans and including any suits, claims, actions losses, costs or damages of any kind, including the State and MDT's legal expenses, made against MDT by anyone arising out of, in connection with, or incidental to the project and its construction, maintenance or use. 8. This Agreement is within the general compliance of the laws of the State of Montana. In the event of litigation concerning the terms of this agreement, venue will only be in the First Judicial District in and for the County of Lewis and Clark, Montana. 5 ---PAGE BREAK--- IN WITNESS WHEREOF, the authorized representation of the Director of the Montana Department of Transporiation, on behalf of the State of Montana, and the Mayor, on behaif of the City of Missoula, have hereunto signed. City of Missoula 2010 John Engen, Mayor 2010 City Clerk Montana Department of Transportation 2010 Lynn Zanto, Administrator Rail, Tr it & Planning Division Approved for Civil Rights Content 6 ---PAGE BREAK--- EXHIBIT NON-DISCRIMINATION NOTICE During the performance of this Agreement, the City ofMissoula (hereafter in this Section "the Party"), for itself, its assignees and successors in interest, agrees as follows: A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-AID CONTRACTS Compliance with Regulations: The Party shall comply with all Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, 49 Code ofFederal Regulations (CFR), Part 21, as they may be amended (hereafter referred to as the Regulations), which are incorporated by reference and made a part ofthis Agreement, even if only state funding is here involved. Nondiscrimination: The Party, 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 ofsubcontractors, including procurement of materials and leases of equipment. The Party shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Sec. 21.5. Solicitations for Subcontracts, Including Procurement ofMaterials and Equipment: In all solicitations, whether by competitive bidding or negotiation by the Party 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 Party of the Party's obligations under this Agreement and the Regulations relative to nondiscrimination. Information and Reports: The Party will provide all reports and infonnation required by the Regulations, or directives issued pursuant thereto, and permit access to its books, records, accounts, other sources of information and its facilities as may be determined by State or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with Regulations or directives. Where any information required of the Party is in the exclusive possession of another who fails or refuses to furnish this information, the Party shall so certify to the Department or the FHWA as requested, setting forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Party's noncompliance with the nondiscrimination provisions ofthis Agreement, State may impose sanctions as it or the FHWA determines appropriate, including, but not limited to, Withholding payments to the Party under the Agreement until the Party complies, and/or Cancellation, termination or suspension ofthe Agreement, in whole or in part. Incorporation ofProvisions: The Party will include the provisions ofparagraphs through in every subcontract, including procurement ofmaterials and leases of equipment, unless exempt by the Regulations or directives issued 7 ---PAGE BREAK--- pursuant thereto. The Party 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 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 ofthe 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 ofmerit 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) The Party will comply with all regulations relative to implementation ofthe AMERICANS WITH DISABILITIES ACT. 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 vvith 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 shaH 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. 8