HomeMy WebLinkAboutTCSP Oversight Committee Other (3)
¦ Project No. TCSPOxx-R68
U.S. Department
of Transportation
Federal Highway
Administration GRANT AGREEMENT
Between: The Federal Highway Administration
and
The City of Laurel
(Grantee)
is entered into in accordance with Title I, Subtitle B, of the Transportation Equity Act for the 21St
Century of 1998 and its subsequent amendments referred to as the "TEA-21." In accordance with
Section 1221 of the TEA-21, the Federal Highway Administrator hereby approves the applications
of the Grantee Name (here-in-after known as the Grantee) for Federal grant funding assistance for
the implementation of Transportation and Community and System Preservation Pilot Program as
described in the application.
A0111k The total participating cost of the effort, consisting of the Federal share to be $ 85 , 000
and matches of $ 25, 000
by the Grantee (as negotiated), is $110 , 000 committed to this
approved grant effort. The Federal share of the approved costs shall be 100 percent to the
maximum of the grant unless otherwise authorized. All project funds must be obligated by
September 30, 1999. The FHWA Division Office shall have sign-off authority.
FUNDING
The funds must be assigned the program code R68, and the appropriation code is XR68-050-600-
R68050-00(State code)00-2582. These funds are limited to the grant obligation limitation. If a
different project number must be used, the Transportation and Community and System Preservation
Pilot Program office (HERE) must be informed of the project's assigned number by the Division.
Progress billings will be presented to FHWA on a PR-20 voucher for work performed under
provisions of the Federal- aid and Federal Highway Acts, as amended, and delivered to the FHWA
Division office. As a minimum, this number must appear on all billing documents.
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The Grantee hereby agrees to: (1) carry out the provisions of the Transportation and Community
and System Preservation Pilot Program as described in the application in a manner acceptable to the
FHWA; (2) bill FHWA no less frequently than monthly; (3) submit to the FHWA quarterly reports,
or as appropriate and negotiated with the Division, covering the progress of the project, costs
incurred within the quarter, and describing any unanticipated events that occurred since the last
report; (4) maintain accurate and auditable records to support the costs incurred; (5) provide a
completed T16 application; (6) provide completed PR-20 billing documents; (7) submit the final
claim within 90 days after the project is completed; and (8) comply with the provisions set forth on
the reverse hereof.
This agreement is subject to termination by either party by the withdrawal of funds for lack of
adequate progress toward completion. The Grantee agrees to give the Federal Highway
Administrator at least 90 days notice of its intention to terminate this agreement.
This agreement is effective May 11, 1999 and expires November 11, 2000
Janice eingart Brown
Authorized Representative
Title:Division Administratne: 5-11-99
FEDERAL HIGHWAY ADMINISTRATION
Authorized Represe tive
Title: Date: ?'Z GJ
FHWA Form MCSAP-2 (Rev. 4-95) 50036. 1 -M-34b
GENERAL PROVISIONS FOR GRANTEE TCSP AGREEMENT
1. General Provisions: The Grantee will comply with all Federal laws and require-
ments which are applicable to grant agreements, and imposed by the Federal
Highway Administration (FHWA) concerning special requirements of law,
program requirements, and other administrative requirements.
odification: This agreement may be amended at any time by a written
codification properly executed by both the FHWA and the Grantee.
3. Retention and Custodial for Records:
(a) Financial records, supporting documents, statistical records, and all other
records pertinent to this instrument shall be retained for a period of three
13) years, with the following exception:
(1) If any litigation, claim, or audit is started before the expiration of the 3-
year period, the records shall be retained until all litigation claims, or audit
findings involving the records have been resolved.
(2) Records for nonexpendable property, if any, required with Federal funds
shall be retained for three years after its final disposition.
(3) When records are transferred to or maintained by FHWA, the 3-year
retention requirement is not applicable to the recipient.
(b) The retention period starts from the date of the submission of the final
expenditure report.
(c) The Secretary of Transportation and the Comptroller General of the United
States, or any of their duly authorized representatives, shall have access to
any pertinent books, documents, papers, and records of the recipient, and
its contractors and subcontractors, to make audits, examinations, excerpts,
and transcripts.
4. Equal Employment Opportunity:
(a) The application/recipient agrees to incorporate in all contracts having a
value of over $ 10,000, the provisions requiring compliance with Executive
Order 11246, as amended, and implementing regulations of the United
States Department of Labor at 41 CFR 60, the provisions of which, other
than the standard EEO clause and applicable goals for employment of
minorities and women, may be incorporated by reference.
(b) The application/recipient agrees to ensure that its contractors and subcon-
tractors, regardless of tier, awarding contracts and/or issuing purchase
orders for material, supplies, or equipment over $10,000 in value will
incorporate the required EEO provisions in such contracts and purchase
orders.
8. Access to Records: All negotiated contracts (except those of $10,000 or less)
awarded by recipients shall include a provision to the effect that the recipient,
FHWA, the Comptroller General of the United States, or any of their duly
authorized representatives, shall have access to any books, documents, papers
and records of the contractor which are directly pertinent to a specific program
for the purpose of making audits, examinations, excerpts, and transcriptions.
9. Civil Rights Act: The recipient shall comply with Title VI of the Civil Rights Act
of 1964 (P.L. 88-352), and in accordance with Title VI of that Act, no person
in the United States shall on the ground of race, color, or national origin, be
excluded from participation in, be denied that benefits of, or be otherwise
subjected to discrimination under any program or activity for which the recipient
received Federal financial assistance and shall immediately take any measures
necessary to effectuate this Agreement. It shall comply with Title VI of the
Civil Rights Act of 1964 142 U.S.C. 2000d) prohibiting employment discrimina-
tion where:
(a) The primary purpose of and instrument is to provide employment, or
(b) Discriminatory employment practices will result in unequal treatment of
persons who are or should be benefitting from the grant-aided activity.
10. Nondiscrimination: The applicant/recipient hereby agrees that, as a condition
to receiving any Federal financial assistance from the Department of Transpor-
tation, it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 U.S.C. 2000d), related nondiscrimination statutes, and applicable
regulatory requirements to the end that no person in the United States shall,
on the grounds of race, color, national origin, sex, handicap or age, be
excluded from participation in, be denied the benefits of, or otherwise be
subjected to discrimination under any program or activity for which the
applicant/recipient receives Federal financial assistance. The specific
requirements of the United States Department of Transportation standard Civil
Rights assurances with regard to the States' highway safety programs
(required by 49 CFR 21.7 and on file with the U.S. DOT) are incorporated in
this grant agreement.
Rehabilitation Act: The recipient shall comply with Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794, P.L. 93-112), and all
requirements imposed by or pursuant to the regulations of the Department of
Health, Education, and Welfare (45 CFR, Parts 80, 81, and 84), promulgated
under the foregoing statute. It agrees that, in accordance with the foregoing
requirements, no otherwise qualified handicapped person, by reason of
handicap, shall be excluded from participation in, be denied the benefit of, or
be subjected to discrimination under any program or activity receiving Federal
financial assistance, and that it shall take any measures necessary to
effectuate this Agreement.
(c) The applicant/recipient further agrees that its own employment policies and
practices will be without discrimination based on race, color, religion, sex,
national origin, handicap or age; and that it has or will develop and submit
/1-\ to FHWA by August 1 an affirmative action plan consistent with the
Uniform Guidelines on Employee Section Procedures, 29 CFR 1607, and the
Affirmative Action Guidelines, 29 CFR 1608.
5. Copeland Act: All contracts in excess of $2,000 for construction or repair
awarded by recipient and its contractors or subcontractors shall include a
provision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C.
874) as supplemented in Department of Labor regulations (29 CFR, Part 3). This
act provides that each contractor or subcontractor shall be prohibited from
inducing, by any means, and person employed in the construction, completion,
or repair of public work, or give up any part of the compensation to which he is
otherwise entitled. The recipient shall report all suspected or reported violations
to FHWA.
6. Davis-Bacon Act: When required by the Federal program legislation, all
construction contracts awarded by the recipient and its contractors or
subcontractors of more than $2,000 shall include a provision for compliance
with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by
Department of Labor regulations (29 CFR, Part 5). Under this act, contractors
shall be required to pay wages to laborers and mechanics at a rate not less than
the minimum wages specified in a wage determination made by the Secretary
of Labor. In addition, contractors shall be required to pay wages not less than
once a week. The recipient shall place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation and the
award of a contract shall be conditioned upon the acceptance of the wage
determination. The recipient shall report all suspected or reported violations to
the G/CAO.
7. Contract Work Hours and Safety Standards Act: Where applicable, all contracts
awarded by recipient in excess of $2,500 that involve the employment of
mechanics or laborers, shall include a provision for compliance with sections 103
and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
330) as supplemented by Department of Labor regulation (29 CFR, Part 5).
Under section 103 of the Act, each contractor shall be required to compute the
wages or every mechanic and laborer on the basis of a standard workday of 8
hours and a standard workweek of 40 hours. Work in excess of the standard
workday or workweek is permissible provided that the worker is compensated
at a rate of not less than 1-yz times the basic rate of pay for all hours worked
in excess of 8 hours in any calendar day or 40 hours in the workweek. Section
107 of the Act if applicable to construction work provides that no laborer or
mechanic shall be required to work in surroundings or under working conditions
which are unsanitary, hazardous, or dangerous to his health and safety as
determined under construction safety and health standards promulgated by the
Secretary of Labor. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or
,._.;zRntracts for transportation or transmission of intelligence.
12. Government Rights (Unlimited): FHWA shall have unlimited rights for the
benefit of the Government in all other work developed in the performance of
this Agreement, including the right to use same on any other Government
work without additional cost to FHWA.
13. Accountability of equipment acquired in prior years will be transferred to the
current year Grant. An updated inventory list will be provided by FHWA.
14. This Grant is subject to the conditions specified in the enclosed Negotiation
Document.
15. Drug-Free Workplace: By signing this agreement, the recipient certifies that it
is in compliance with the Drug-Free Workplace Act (41 U.S.C. Sec. 701 et
se.) And implementing regulations (49 CFR Part 29), which require, in part,
tFa grantees prohibit drug use in the workplace, notify the FHWA of employee
convictions for violations of criminal drug laws occurring in the workplace, and
take appropriate personnel action against a convicted employee or require the
employee to participate in a drug abuse assistance program.
16. Limitation on Use of Federal Funds for Lobbying for Grants in Excess of
$100,000: By signing this agreement the recipient declares that it is in
compliance with 31 U.S.C. Sec. 1352, which prohibits the use of Federally
appropriated funds to influence a Federal employee, officer, or Member of
Congress in connection with the making or modification of any Federal grant,
loan, contract, or cooperative agreement. Unless the payment of funds is
otherwise reported to FHWA, signing this agreement constitutes a declaration
that no funds, including funds not Federally appropriated, were used or agreed
to be used to influence this grant. Recipients of subgrants in excess of
$100,000 must make the same declarations to the grant recipient. With
respect to the payment of funds not Federally appropriated by the recipient
and subrecipients, the recipient must report to the FHWA the name and
address of each person paid or performing services for which payment is
made, the amount paid, and the activity for which the person was paid.
50036.2-M-34b
NMSC-IN-105-99
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AGREEMENT FOR NATIONAL MAIN STREET CENTER
CONSULTING SERVICES
THIS AGREEMENT, entered into as of the 27th day of July 1999, by and between the National
Trust For Historic Preservation In The United States, a charitable, educational, and nonprofit
corporation created by Act of Congress, whose principal offices are at 1785 Massachusetts Avenue,
N.W., Washington, D.C. 20036 (hereafter referred to as the "National Trust") and the City of Laurel,
of the State of Montana, whose principal offices are at P.O. Box 10, Laurel, MT 59044 (hereafter referred
to as the City).
WITNESSETH:
WHEREAS, The National Main Street Center, a program of the National Trust, provides consulting
services, training and technical assistance to agencies of state and local government and'to related
nonprofit corporations in support of local efforts to develop and implement programs designed to
encourage economic development and the preservation of historic resources in downtown and
neighborhood business districts; and
WHEREAS, the City has asked the National Trust to provide technical assistance to the downtown
business district of Laurel; and
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WHEREAS, the National Trust is willing and able to provide the services required;
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements
contained herein, the parties have agreed as follows:
1. Term. The term of this Agreement will be effective July 27, 1999 through August 11, 1999.
2. Services to be Provided by the National Trust.
A. Senior Program Associate. The Representative of the National Trust will appoint a
professional staff member from the staff of the National Main Street Center (the "Senior
Program Associate"), who will be responsible for scheduling and coordinating the
services that will be provided for the City of Laurel.
B. Assessment Visit. The Senior Program Associate will visit the commercial district in
Laurel between August 9 and August 11, 1999 and will:
(i) Conduct interviews with representatives of the City of Laurel and with
representatives of local government agencies, business leaders and members of
other organizations and agencies that are concerned with the revitalization of the
Laurel commercial district;
NMSC-IN-105-99
(ii) Meet with individuals and groups involved in any existing programs within the
commercial district to discuss their revitalization efforts and to solicit their
comments, ideas and concerns;
(iii) Review and evaluate any reports, documents or other written materials pertaining
to the revitalization of the commercial district that have been produced by the
participating organizations and agencies;
(iv) Prepare a set of recommendations on ways in which these organizations can
collaborate in achieving their common goals and objectives;
(v) Present the findings and recommendations to the representatives of the City at the
conclusion of the visit; and
(vi) Either complete a brief summary with a follow-up presentation or, within six
weeks, prepare and submit a detailed written report incorporating the findings and
recommendations of the Center based on the assessment visit.
C. Main Street Network Membership. The National Trust will provide the City of Laurel
with a one-year Standard membership in the National Main Street Network, a membership
program of the National Main Street Center that provides individuals and organizations
involved in commercial district revitalization with information, news, training
opportunities, access to conferences and workshops and other services designed to
enhance the effectiveness of local commercial district revitalization programs.
3. Services to be Provided by the City.
A. Providing and coordinating all local logistical, planning and administrative support
required for the assessment; and
B. Providing equipment on-site as requested by the Senior Program Associate for the training
visit such as a slide projector, flip chart and overhead projector.
4. Compensation.
A. As compensation for all services performed the City agrees to pay the National
Trust the sum of Eight Thousand Dollars ($8,000.00).
B. The compensation authorized above will be paid by the City within thirty (30)
days following the receipt of an itemized invoice containing a detailed description of
the services performed and the expense incurred. Invoices will be submitted by the
National Trust on the completion of the assessment and on the completion of all
contract services.
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NMSC-IN-105-99
5. Representatives.
A. Kennedy Smith, the Director of the National Main Street Center, is hereby designated
as the Representative of the National Trust and is authorized to exercise general
direction, supervision, and administration of the performance of this Agreement on its
behalf.
B. Cal Cumin, is hereby designated as the Representative of the City and is authorized to
exercise general direction, supervision, and administration of the performance of this
Agreement on its behalf.
3. General Terms and Conditions. The general terms and conditions applicable to this
Agreement are contained in Exhibit A, which are attached and incorporated herein by
reference.
IN WITNESS WHEREOF, the parties have executed this Agreement with the signatures of their duly
authorized representatives, effective as of the date first written above.
The National Trust For Historic Preservation in the United States
By: Lg" L-;t4?
r Kennedy L. S ith
Director, Nati al Main Street Center®
City
By:
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?0-11
Exhibit A
NMSC-IN-105-99
GENERAL TERMS AND CONDITIONS
1. Contractual Relationship. The National Trust is providing the services described in this
Agreement as an independent contractor. Nothing contained herein may be interpreted or
construed as creating an association, partnership, joint venture or employer-employee
relationship between the parties.
2. Conflict of Interest. No officer, employee or agent of either party may participate in any
decision relating to the Agreement which affects his or her personal interest or the interest
of any corporation, partnership or association in which he or she has a direct or indirect
interest; nor may any such officer, employee or agent have any direct or indirect interest
in this Agreement or in the proceeds thereof.
3. Insurance.
A. During the term of this Agreement, the National Trust will secure and maintain in
effect, insurance providing coverage for the following risks, in the minimum
amounts indicated:
(1) Workers' Compensation: - Statutory Amount
(2) Employers' Liability: - $100,000.00 (each accident)
- $500,000.00 (disease-policy limit)
- $100,000.00 (disease-each employee)
(3) Commercial General - $1,000,000.00 (general aggregate)
Liability, and $1,000,000.00 (each occurrence)
(4) Automobile Liability - $1,000,000.00 (combined single limit)
B. The National Trust will, upon request, provide a certificate indicating that such
insurance is in effect for the period covered by the term of this Agreement.
4. Equal Opportunity. The parties agree that they will not discriminate against any
employee or applicant for employment because of race, color, religion, sex, age or
national origin. The parties further agree to take affirmative action to assure that
applicants are employed and that employees are treated without regard to their race, color,
religion, sex age or national origin during employment. The obligations of the parties to
take affirmative action with regard to employees and applicants for employment will also
extend to disabled veterans, Vietnam era veterans and handicapped individuals.
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NMSC-IN-105-99
5. Prohibition on Unauthorized Recording, Duplication and Distribution.
A. No videotape, audio, mechanical or other recording, reproduction or transcription
of any conference, workshop, seminar, training program or other meeting
conducted by the staff of the National Trust in the performance of this Agreement
is authorized or permitted without the prior written approval of the Representative
of the National Trust.
B. No person may manufacture, promote, distribute or sell any such recording,
reproduction or transcription without the prior written approval of the
Representative of the National Trust.
C. The National Trust owns and retains all copyright, literary and property rights in
the publications, products and other materials prepared by the National Trust,
other than reports and materials produced solely for the use of an individual
community or agency. No person may reproduce, duplicate, distribute, or sell any
such materials without the prior written approval of the Representative of the
National Trust.
6. Disputes. This Agreement is made in and will be governed by the laws of the State of
Montana. Any dispute concerning the interpretation, application or performance of its
terms that is not resolved by the representatives of the parties will be resolved through
arbitration conducted according to the laws of the American Arbitrations Association.
Judgment upon the award of the arbitrator may be entered in any court having jurisdiction
thereof.
7. Sole Agreement. This document constitutes the entire agreement between the parties
concerning the services and obligations specified herein.
8. Modification. No amendment, modification or waiver of the terms or conditions of this
Agreement will be valid unless in writing and signed by both parties.
9. Successors. This Agreement will be binding upon and will inure to the benefit of the
parties, their successors and assigns.
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INDEPENDENT CONTRACTOR AGREEMENT
AGREEMENT IS HEREBY MADE between the CLIENT and INDEPENDENT CONTRACTOR set
forth below according to the following terms, conditions, and provisions:
1. IDENTITY OF CLIENT. Client is identified as follows:
City of Laurel
2. IDENTITY OF INDEPENDENT CONTRACTOR. The Independent Contractor (hereafter IC) is
identified as follows:
Anne Cossitt
Cossitt Consulting
503 Fifth Avenue NW
Park City, MT 59063
Type of entity: individual, sole proprietorship, exempt from Montana State Workers'
Compensation and Unemployment Insurance
Telephone: 406/633-2213
Fax: 406/633-2679
Email: atceons cr,cw2.com
Federal Identification Number: 551-08-0752
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3. JOB TO BE PERFORMED. IC will assist in evaluating the Transportation and Community
Sustainability Plan for the City of Laurel as outlined in the attached Scope of Work.
4. PAYMENT. Client agrees to pay for actual costs not to exceed a total of $3,925 as outlined in the
Attached Scope of Work and budget. IC will submit a monthly statement and payment will be made
within 30 days after receipt of statement.
FEDERAL, STATE, AND LOCAL PAYROLL TAXES. Neither federal, nor state, nor local income
tax, nor payroll tax of any kind shall be withheld or paid by Client on behalf of IC. IC shall not be
treated as an employee with respect to the services performed hereunder for federal or state tax
purposes.
6. CLIENT NOT RESPONSIBLE FOR WORKERS' COMPENSATION. No workers' compensation
insurance shall be obtained by Client concerning IC. IC shall comply with the workers'
compensation law concerning IC.
7. TERM OF AGREEMENT. Services to be rendered under this Agreement shall commence October
15, 1999 and will tenninate July 31, 2000.
8. TERMINATION WITHOUT CAUSE. Without cause. either party may terminate this agreement
after giving 15 days prior written notice to the other of intent to terminate without cause. The parties
shall deal with each other in good faith during the 15 day period after any notice of intent to
terminate without cause has been given.
9. TERMINATION WITH CAUSE. With reasonable cause either party may terminate this agreement
effective immediately upon the giving notice of termination for cause. Reasonable cause shall
include:
A. Material violation of this agreement.
B. Any act exposing the other party to liability to others for personal injury or property damage.
C. Quality of Work.
10. NON-WAIVER. The failure of either party to exercise any of its rights under this agreement for a
breach thereof shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach.
11. NO AUTHORITY TO BIND CLIENT. IC has no authority to enter into contracts or agreement on
behalf of Client. This agreement does not create a partnership between the parties.
12. ASSIGNABILITY. This agreement may not be assigned, in whole or in part, by IC.
13. CHOICE OF LAW. Any dispute under this agreement or related to this agreement shall be decided
in accordance with the laws of the state of Montana.
14. ENTIRE AGREEMENT. This is the entire agreement of the parties.
15. SEVERABILITY. if any part of this agreement shall be lield unenforceable.. the rest of this
agreement will nevertheless remain in full force and effect.
16. AMENDMENTS. This agreement may be supplemented. amended or revised only in writing by
agreement of the parties.
City of Laurel
Anne Cossitt
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Date
Date
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PROPOSED SCOPE OF WORK
Evaluation
of the Transportation and Community
Sustainability Plan for Laurel, Montana
proposed by Cossitt Consulting
September 13, 1999
revised October 26 and November 16, 1999 to reflect comments from Cal Cumin
Introduction
The City of Laurel received a FHWA "Transportation and Community and System
Preservation Pilot Program" (TCSP) grant in Spring 1999 to develop a "Transportation
and Community Sustainability Plan." The project has three main objectives - 1) Improve
the efficiency of Laurel's transportation system, 2) Reduce the need for motorized trips to
satisfy basic needs, and 3) Empower Laurel residents to more effectively create a
sustainable future for their community. Recipients of the FHWA grants were selected
because they propose new and innovative approaches. These projects are "pilots" to be
evaluated for their effectiveness (and potential application in other locations). An
evaluation will be made of the processes used and products developed to achieve the three
main objectives. The development of the "Transportation and Community Sustainability
Plan" will take 18 months and evaluation will be conducted throughout the project.
Evaluation Tasks
Identify and summarize previous efforts at transportation and community plans and
revitalization and economic development efforts in Laurel. This will form a baseline in
order to determine how recommendations from this TCSP analysis process compare to
previous approaches in terms of goals, strategies, costs. etc.
2. Prepare a newsletter on a quarterly basis to keep participants informed of progress and
related planning activities, and to function as a conduit for surveys and questionnaires.
Evaluate the process of the pilot project:
a. Public participation
1) Identify different approaches used to involve community residents -
e.g., meetings, surveys, public forums, etc.
2) Evaluate participation -- in terms of numbers attending meetings_
response rate to surveys, as well as breadth of participation - by
persons of various ages, occupations, and location of residence
3) Coordination with other groups and organizations - documentation of
outreach/coordination with other organizations with similar interests
(e.g. Chamber of Commerce, Laurel Revitalization League, etc.)
4) Media coverage - clippings file
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b. Key "Implementors" - evaluate the roles of the Oversight (this committee
n includes city council, public works director, planning director, Neighborhood
Task Force, and Laurel Revitalization League), e.g. extent of participation,
level of satisfaction with product and process
c. Summary Analysis - at the end of the 18 month project, a written report that
evaluates the overall 5 step process as identified on page 10 of the proposal
from Start-up and public coordination (Step 1) through publication of the
action plan (Step 5). Identify what worked well, what failed to meet desired
outcomes, evaluate overall public participation -- identify peaks and low points
and probable causes.
d. Suggested recommendations.
4. Evaluate the products and outcomes of the project. With assistance from the Project
Team, and Oversight Committee, define a series of baseline parameters against which
success will be measured. Change resulting from implementation of the
"Transportation and Community Sustainability Plan" can thus be compared to these
baseline parameters. At the end of the 18 month project, prepare a written evaluation
of the effectiveness of the seven different tasks outlined in the proposal in addressing
the three major objectives. Develop a monitoring plan to assess continued results of
the project on an annual basis (once 18 month project is completed).
? OPTIONAL ADD-ON TASK:
Develop a web-site outline to disseminate information on the Internet. Web-site
outline will incorporate the newsletter and other relevant information.
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Evaluation of the Transportation and
Comm unity and Sustainability Plan
for Laurel, Montana
TASK SCHEDULE MATERIAL LABOR
1) Summarize previous efforts 11-30-99 $350
2) Quarterly Newsletter Nov, Feb, Apr, July
content
each edition - print and mail
$1,050 $500 (total year)
(200 copies) - 300 additional (entire year)
copies
develop computerized mailing $200
list (Access data base)
3) Evaluate Process
a. Public participation
monthly progress report* monthly $450 (Oct-July)
b. Key Implementors
progress report* monthly $150 (Nov-July)
exit survey and summarized One month $400
report following project
completion
c. Process Summary report One month $350
following project
completion
4) Products and Outcomes
Define baseline parameters for December 10 $350
18 month and longer term efforts
Evaluation of effectiveness of One month after $350
seven tasks project completion
Evaluation Plan One month prior to $175
project completion
TOTAL $650 $3275
*The Transportation and Conummity Sustainability Plan proposal indicated a "monthly progress
report" would be prepared by the project team.
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Cartern Burgess
Consultants in Engineering, Architecture,
Planning and the Environment
AUTHORIZATION FOR
PROFESSIONAL SERVICES
PROJECT Traffic Analysis for Development of Laurel's PROJECT 070024-300
NAME: Transportation and Community Sustainability NUMBER:
Plan
CLIENT: City of Laurel
ADDRESS: 115 West 1St
Laurel, Montana 59044
Hereby requests and authorizes Carter & Burgess, Inc.
to perform the following services:
SCOPE: 1. Provide traffic engineering/analysis services as described in the attached letter
defining Scope-of-Services.
2. Provide deliverables as defined in the attached letter.
COMPENSATION to be on a basis of:
Hourly Labor Rates for staff as specified below and direct expenses.
Staff:
Kathy Harris, Senior Transportation Engineer $75/hour
Clerical/Graphic Staff $55/hour
Additional staff to be determined
Total amount charged by C&B, Inc. shall not exceed $10,700.00 without written permission from
client.
Approved for CLIENT:
By:
Title:
Date:
/'1%,
Carter a, Burgess, Inc.
Accepted for Carter & Burgess, Inc.
By: Joseph A. Hart, P.E.
Title: Associate
Date: ?a-- G',
216 16th Street Mall Donver, Colorado 80202
(303) 820-5240
Cz Car-ter Burgoss
PROVISIONS
1. AUTHORIZATION TO PROCEED
Signing this form shall be construed as authorization by
CLIENT for C&B, Inc. to proceed with the work, unless
otherwise provided for in the authorization.
2. LABOR COSTS
C&B, Inc.'s Labor Costs shall be included in the hourly rate
for C&B, Inc.'s employees for work performed on CLIENT's
Project at the rate specified herein.
3. DIRECT EXPENSES
C&B, Inc.'s Direct Expenses shall be those costs incurred on
or directly for the CLIENT's Project, including but not limited
to necessary transportation costs including mileage at C&B,
Inc.'s current rate when its automobiles are used, meals and
lodging, laboratory tests and analysis, computer services,
word processing services, telephone, printing and binding
charges. Reimbursement for these EXPENSES shall be on
the basis of actual charges when furnished by commercial
sources and on the basis of usual commercial charges when
furnished by C&B, Inc.
4. OUTSIDE SERVICES
When technical or professional services are furnished by an
outside source, when approved by CLIENT, an additional
amount shall be added to the cost of these services for C&B,
Inc.'s administrative costs, as provided on the reverse side of
this agreement.
5. COST ESTIMATES
C&B, Inc. proposes to develop no cost estimates within the
current scope.
6. PROFESSIONAL STANDARDS
C&B, Inc. shall be responsible, to the level of competency
presently maintained by other practicing professionals in the
same type of work in CLIENT's community, for the
professional and technical soundness, accuracy, and
adequacy of all design, drawings, specifications, and other
work and materials furnished under this Authorization. C&B,
Inc. makes no other warranty, expressed or implied.
TERMINATION
Either CLIENT or C&B, Inc. may terminate this authorization
by giving 30 days' written notice to the other party. In such
event CLIENT shall forthwith pay C&B, Inc. in full for all work
previously authorized and performed prior to effective date of
termination. If no notice of termination is given, relationships
and obligations created by this Authorization shall be
terminated upon completion of all applicable requirements of
this Authorization.
8. ARBITRATION
All claims, disputes, and other matters, in question arising
out of or relating to, this Authorization or the breach thereof
may be decided by arbitration in accordance with the rules of ,
the American Arbitration Association then obtaining. Either
CLIENT or C&B, Inc. may initiate a request for such
arbitration, but consent of the other party to such procedure
shall be mandatory. No arbitration arising out of, or relating
to this Authorization may include, by consolidation, joinder, or
in any other manner, any additional party not a party to this
Authorization.
9. LEGAL EXPENSES
In the event legal action is brought by CLIENT or C&B, Inc.
against the other to enforce any of the obligations hereunder
or arising out of any dispute concerning the terms and
conditions hereby created, the losing party shall pay the
prevailing party such reasonable amounts for fees, costs and
expenses as may be set by the court.
10. PAYMENT TO CARTER & BURGESS, INC.
Monthly invoices will be issued by C&B, Inc. for all work
performed under the terms of this agreement. Invoices are
due and payable on receipt. Interest at the rate of 1'/:% per
month will be charged on all past-due amounts, unless not
permitted by law, in which case, interest will be charged at
the highest amount permitted by law.
11. LIMITATION OF LIABILITY
C&B, Inc.'s liability to the CLIENT for any cause or
combination of causes is in the aggregate, limited to an
amount no greater than the fee earned under this agreement.
12. ADDITIONAL SERVICES
Services in addition to those specified in Scope will be
provided by C&B, Inc. if authorized in writing by CLIENT as
indicated in the Letter of Proposal, Task Authorization, or
such other document as deemed appropriate by CLIENT and
C&B, Inc. and which is referenced under Compensation.
13. SALES TAX
In accordance with the certain State Sales Tax Codes,
certain surveying services are taxable. Applicable sales tax
is not included in the above proposed fee. Sales tax at an
applicable rate will be indicated on invoice statements.
14. ENFORCEABILITY
In case any one or more of the provisions contained in this
Agreement shall be held illegal, the enforceability of the
remaining provisions contained herein shall not be impaired
thereby.
Carter t& Burgess, Inc. 216 16th Street Mail Denver, Colorado 80202
(303) 820-5240
, IM
i 4artesr burgess
Sun- Cartern Burgess
Consultants in Planning, Engineering, Architecture,
Construction Management, and Related Services
September 20, 1999
Cal Cumin
Planning Director
City of Laurel
115 West 1St
Laurel, MT 59044
RE: Transportation and Community Sustainability Grant
Carter & Burgess Scope of Work
Dear Cal,
Carter & Burgess (C&B) is pleased to provide transportation services to the project team
by submitting this proposal for preparation of a traffic assessment and recommendations
for Community Sustainability in Laurel. The proposal modifies our previous draft to
include your comments including the addition of development of parking inventory data
collection forms.
This letter may serve as a scope of services for a contract template previously used by
Carter & Burgess, Inc. I included two copies of our standard contract. Pleas sign both
contracts then return to me for signature. If you prefer to prepare a separate subcontract,
we request an opportunity to review the text of the contract.
SCOPE OF WORK
Carter & Burgess will evaluate the existing and planned transportation system, then will
work with the project team to define elements critical to the sustainability of the Laurel
community.
The tasks below define the elements for our portion of the project. These elements are
based upon discussions with yourself and John Williams and your August 17 draft of the
project overview (attached).
n
Carter & Burgess, Inc. 2205 ! imf Kiln K v_ Helena, Montana 59001
442-3551 P, ?_907 7
Mr. Cal Cumin
September 20, 1999
Page 2
1. Data Collection:
1.1. Data collection and compilation is primarily assumed to be completed with other
members of the project team. The following data elements will be collected by
C&B:
• traffic counts and transportation plans from local agencies
• MDT safety records for the area for the past three-five years.
• MDT urban planning efforts for Laurel
• MDT plans for roadway improvements and maintenance
• The Environmental Document for the Shiloh Interchange project
• Truck routes and any planned modifications to trucking needs within the area
The following data will be collected by other members of the project team:
• Laurel School safety routes, expansion plan(s) and individual site plans
1.2. C&B will review the data collected for the project and recommend if additional
traffic counts are needed. Any additional traffic counts will be obtained by
others. Supplemental traffic counts which may include daily vehicle counts,
pedestrian counts, intersection turning movements counts. C&B will submit a
list of these project supplemental counts to the City of Laurel Planning Director,
if necessary.
1.3. C&B will review the safety data for identifying locations with repeated accidents
^ occurrences.
1.4. C&B will summarize the available data in a draft format, for development of
graphics by others.
2. Identify Critical Traffic Locations (Key Components):
2.1. C&B will develop a prioritized list of locations critical to the transportation
system. These locations will focus on regional access, business access and
circulation, intermodal links, mobility (across physical barriers), pedestrian needs
and safety. This list will likely include specific intersections and roadway
segments.
2.2. C&B will present the prioritized lists to the project team to confirm critical
locations and to discuss possible weighting/priorities.
2.3. These locations will be utilized in the remainder of this task as the critical
locations for measuring transportation impacts to community sustainability.
3. Define Acceptable LOS for Laurel's Transportation System:
The acceptable roadway operations for the City need to be defined with the consensus of
the Oversight Committee or at the Initial Charette. Rather than continue to design all
future roadway improvements to LOS B, the City needs to clearly understand the
acceptable LOS and the appropriate trade-offs that occur when merging vehicular
operations with all other elements that a roadway provides, elements critical to
community sustainability.
^
CZ Carter Burgess
Mr. Cal Cumin
September 20, 1999
Page 3
3.1. C&B will work with the project team to determine the LOS acceptable to the
community for various roadway segments. This LOS will likely be one of the
measures-of-effectiveness (MOE's) used to determine the elements of the
implementation plan. LOS for intersections is identified in terms of vehicle delay
while roadway segments LOS focus on both mobility and access. Roadway
segments (classifications) are based on the 1978 Laurel Transportation Plan and
should address:
• Interstate
• Arterial with Regional Connections
• Arterial with Local Connections only
• Urban Collector
• Rural Collector
• Downtown Business Street
• Local Street
• Intersections between adjoining roadway categories.
4. Determine Existing and Future LOS for Transportation System:
To determine baseline and future traffic conditions, C&B will utilize traditional traffic
analysis tools to estimate level-of-service (LOS) at the critical locations identified in Task
2.
4.1. Future growth in the Laurel area will be developed by other members of the
project team. C&B will utilize these growth indications to develop future
scenarios for traffic LOS. A maximum of three different scenarios/ design years
will be evaluated.
4.2. C&B will develop existing and future LOS for a maximum of ten critical
locations. (E.g., five roadway segments and up to five intersection locations
where intersection turning movements are provided.)
4.3. Up to four additional locations may be evaluated to estimate special
transportation issues such as pedestrian demand, LOS, safety and future needs.
4.4. Identify network areas that anticipate capacity or safety problems, based on the
LOS defined for various roadway segments in Task 3.
5. Estimate Transportation System Implications for Sustainability:
5.1. C&B will work with project team to define community sustainability in terms of
the transportation features existing and planned for Laurel.
5.2. C&B will identify critical transportation issues that may be identified as red-
flags.
5.3. Define transportation-related threats by working with the project team to define
probable worst-case scenarios.
CZ Carter Surge=
Mr. Cal Cumin
September 20, 1999
Page 4
6. Assist with Parking Inventory:
The purpose of the parking inventory is to determine the existing parking supply and
demand in a specific area, around the downtown core.
6.1. During the initial site visit, C&B will work with the project director to establish
the limits of the parking inventory, assumed to be approximately six blocks.
6.2. C&B will develop a parking inventory data collection form and define the data
collection needs. Data collection will be by other project staff. Data collection
will focus on determining the number and type of parking spaces. Parking usage
will focus on duration and occupancy of existing spaces.
7. Deliverables:
7.1. C&B will develop an analysis of Laurel's overall transportation system as
described in the tasks 1-4, above and its implications for sustainability. (Primary
Element #2 in the Grant Proposal attached herein).
7.2. C&B will work with the project team to develop a site-specific list of
transportation elements critical to Laurel's future as an independent, rural
community with local access and growth as a primary focus. Realize that design
guidelines will continue to modify as time passes, this list will simply identify the
many elements that will need to be balanced within the transportation cross-
section. Flexible design considerations will be identified for elements where
applicable.
7.3. C&B will review the transportation portion of documents created in Primary
Elements numbers 1,3,4,5,6, and 7 (by others).
7.4. C&B will provide the Project Director with data collection forms for developing
a parking inventory for the downtown Laurel area. These forms may be in a
spreadsheet format or in hardcopy.
MEETING ATTENDANCE:
Carter & Burgess, Inc. will attend two meetings at the site plus an initial site visit.
Attendance at one day of the initial Project Charette is anticipated to be one meeting.
Attendance at one additional meeting, currently planned for near the end of the project is
also planned.
SCHEDULE:
Existing data will be collected by C&B within four weeks of "Notice-to-Proceed". Lists
of additional data collection (by others) will be developed by C&B within two weeks of
receiving the local, available data. Carter & Burgess will schedule a site visit within that
four-week period, preferably to coincide with the initial Charette.
Task 2 may be completed eight weeks after NTP. Task 6 will be completed two weeks
after C&B's initial site visit. Task 3,4 and 5 require interaction with other project team
members and should be scheduled to work within the overall project schedule.
Ci Carter Burgess
Mr. Cal Cumin
September 20, 1999
Page 5
n
WORK EFFORT
The following tasks are identified as part of this work effort.
Task Description Hours
Task
Number
I Data Review 18
Site Visit 12
2 Identify Critical Traffic Locations (Key 12
Components):
3 Define Acceptable LOS for Laurel's Transportation 12
System
4 Determine Existing and Future LOS for 12
Transportation System
5 Estimate Transportation System Implications for 12
Sustainability
6 Develop Parking Inventory Forms 4
7 Prepare Deliverables 24
Attend Two Public Meetings 24
Total Hours 130
Labor Costs $ 9750
Expenses (travel, copying, mailing) $ 150
Expenses-Travel for 3 site trips $ 800
Total Costs S 10,700
We sincerely appreciate the opportunity to submit this work scope for participation within
the project team. We recognize the effort to assemble a variety of specialists and
experience within the project team. If you have any questions or concerns, please contact
me at (406) 442-9851.
Sincerely,
CARTER & BURGESS, INC.
Ka y Harr' , P.E.
Senior Transportation Engineer
cc: J. Hart: C&B
attachment: TCSP grant
2 copies C&B standard contract
CZ Carter Burgess
n
n
TCSP BUDGET (January 13, 2000)
Element & Assignment (in addition to staff_) Budgeted'Committed'';Remaining I Paid !Remaining
PUBLIC INVOLVEM Walkable
Communities, CLC, CAS STPP, ERO,
Main Street) ?. $14,000 .[ -$14,000 1 $0 ! $0 $0
ANALYSIS OF MAJOR
TRANSPORTATION FEATURES (Carter-
Burgess) $10,500: $10,700 ' ($200) $2,581 $7,919
ANALYSIS OF TRANSPORTATION
SYSTEM (STPP, Tracy-Williams, MSU j
Surveying) $24,500 $0 24,5001 $ 1,459.68 ! $23,040
ANALYSIS OF NON-MOTARIZED TRAVEL j {
illiams
(Tracy- _ )
$6,500
$0
$6,500
$0
$6,500
ANALYSIS OF DOWNTOWN (Main Street) $10,000 $8,000 $2.000 $0 $2,000
ANALYSIS OF LAND USE (CLC) $13,500 $4000 $9,500 $390 i $13,110
CREATION OF ALTERNATIVE
I
SCENARIOS (STPP) $18,500
$0
$18,000
$0
$18,500
ACTION PLAN FOR A SUSTAINABLE
LAUREL (STPP) $6;500 $0 $6,500 $0 $6,500
EVALUATION (Cossitt) $6,000 $3,925 $2,075 $0 $2,075
$110,000 $40.625 $69,375 $4,431 $79, 644
PAS°C? s?b??
?4c, 199'
n
TCSP BUDGET
Element & Assignment (in addition to staff Budgeted'; Committed! Remaining
PUBLIC INVOLVEMENT (Walkable
Communities, CLC, NCAT, STPP, AERO,
Main Street) ! $14,000 $14,000. $0
ANALYSIS OF MAJOR TRANSPORTATION
FEATURES (Carter-Burgess) $10,500 $10,700 ! ($200)
Xo-. M *40. 141
ANALYSIS OF TRANSPORTATION SYSTEMC?..q
(STPP, Tracy-Williams, MSU Surveying) $24,500 ! $24,500
ANALYSIS OF NON-MOTARIZED TRAVEL
(Tracy-Williams) $6,500 $6,500
ANALYSIS OF DOWNTOWN (Main Street) $10,000 $8,000 $2,000
ANALYSIS OF LAND USE (CLC) - $13,500 ! $4,000 $9,500
CREATION OF ALTERNATIVE SCENARIOS
(STPP) $18,500 ; $18,500
ACTION PLAN FOR A SUSTAINABLE
LAUREL (STPP) $6,500 $6,500
EVALUATION (Cossitt) $6,000 $3,92511 $2,075
$1107000 i $40,625 $69,375
n
-- - ---
BILL TO
rCal Cumin, Act
907 Avenue B
Billings, MT 55
i
Walkable Communities, Inc.
320 South Main Street
High Springs, FL 32643
Invoice
DATE INVOICE #
11/24/1999 F-1199-167
TERMS
DUE DATE
11/24/1999
DESCRIPTION
' Laurel Charrette, October 15-16-17, 1999 in Laurel, Montana
i
EIN - 59-3380646
X11 payments due within 30 days of invoice
.te. Past due, add 1.5% per month.
QTY
RATE
,000.00
Total
AMOUNT
7,000.00
$7,000.00
01,1 11.0() 17:12 FAX 4066332679
COSSITT CONSULTING
?mmnali?; "nomic devrlopmeat and wm'm' nmeruul. irvi&i management swrker
Ciry of Laurel
C/o City Planner Cal Cumin
907 Avenue B
Billings, MT 59102
Anne T Cossirr
I VOICE
Invoice Date; January 10, 2000
Billing Period- November 16 - December 31, 1999
Description:
Laurel Transportation and Communirv Sustainabiliry
Project
Per contract dated 11-25-99
Time and Materials:
n
TASK BUDGET Dec. 1999 INVOICE BUDGET
REMAINING
Labor Materials
1. Summarize previous efforts $350 $350 $o
2. Quarterly newsletter 1350 70 $1,260
3. Evaluate participation $0
a. Public participation 450 $450
b. Oversight Committee 550 70 $480
c. Process Summary Report 350 $350
4. Products and Outcomes $o
a. baseline parameters 350 $350
b, evaluation report 350 $350
c_ Evaluation plan 175 $175
TOTAL $3,923 $490 $0 $3,435
Remit Payment to:
Cossitt Consulting
503 Frft Avenue NW
Park City, MT 59063
Thank yr=
U 005
RURAL ItOUTE ONE - PART{ cvey, MT - 59o63
PHONEc (4061 433_2213 • FAX. (404) 633-2679 - EMAIL-- si4cuns4Wcr2-o%
Montana Highway Dept
Billings,Mt.
ATTN: B. Parks
Dear Mr. Parks:
R D C 1/9/00
POB 988
=`6 Laurel,Mt.
CITY OF
LAUREL
We have a traffic problem in Laurel that the MT Hwy Dept.
should address.
1. The traffic light at the north end of the underpass needs
tobe upgraded. It needs 2 arrows for the north bound traffic
to spged up traffic. One arrow for left turns and one for
straight ahead while the south bound remains red. Making
A left turn here is at times dangerous with all the south
bound traffic and when this happens the light many times
turns red before one can turn left. Laurel is not the
little town of 4 thousand it was when the light was errected.
2. At the south end of the underpass there should be a "NO
LEFT TURN" sign. I have adjusted insurance for over 12 years
and in 4 states and I have never seen a place where one can
make a left turn at the top of,an underpass without a traffic
control device. Its against the law in most states tooothis
and its dangerous to do so. I have witnessed a lot of near
missed traffic accident at this place, and have seen people trying
to make a left turn here back traffic all the way back to the
traffic light at the north end of the underpass. In the winter
when its snow packed and someone wants to turn left and one
stops on the hill and to get going again is at times a problem.
Its a"limits sight area" at the south end and to turn left is
dangerous. To put up signs would not cost much so there isn't
really a reason why this has not been done..
East Railroad street should really be closed here to the east
and traffic should be routed via 4th SE.
3. There is enough room at the top of north side of the underpass
to make 3 lanes; one for left turn,one straight ahead and one
to turn right. Its 2000 not 1945. This whole area needs to be
upgraded.
CC City of Laurele'----?- Sinceer
CC Highway Dept, Helena J
JJ,. j Creecy