I4. MDT Kalispell Area Transportation Agreement201 1 S`Avenue East, P.O. Box 1997,
Kalispell, MT 59903-Phone (406) 758- 7720
KALISPELL
www.kalispell.com
To: Douglas Russell, City Manager
From: Susie Turner, P.E., Public Works Director
Re: Montana Department of Transportation and City of Kalispell Funding Agreement
for the Kalispell Area Transportation Plan
Meeting Date: May 6, 2019
The City of Kalispell (City) and the Montana Department of Transportation (MDT) with
assistance from the Kalispell Transportation Coordinating Committee (TCC) — a public panel
composed of private individuals, local government officials and staff, and state and federal
transportation agency personnel -- are proposing to update the Greater Kalispell Area
Transportation Plan (PLAN), which was last updated between 2006 and 2008 with final adoption
on April 21, 2008.
The intent of the Plan update is to facilitate achieving the community's goals and improve
Kalispell's transportation infrastructure and services by:
• Coordinating transportation planning with existing and future land use and community
growth policies.
• Improving mobility and the impact of current and future travel demands.
• Promoting a safe, reliable transportation network for all users.
• Identifying improvement priorities, strategies and policies.
• Identifying funding sources and an implementation process.
The City is the local authority facilitating the update of the Kalispell Area Transportation Plan,
and will collaborate with MDT and TCC throughout the development and adoption of the PLAN.
As part of this process, an agreement between the City and MDT is required to document the
roles, responsibilities, and funding requirements for the development of the Kalispell Area.
FISCAL EFFECTS: Both the City and MDT will fund the costs to develop the updated PLAN.
The cost estimate and proportional breakouts are outlined in the Agreement, whereas MDT will
be responsible for 60%, and the City will be responsible for 40% of the cost to complete the
PLAN. The City will budget for the total costs to complete the PLAN, and will be reimbursed by
MDT at the 60% proportional rate up to $135,759. FY 19 Special Street Maintenance budget has
sufficient funds to support this project.
RECOMMENDATION: Public Works and the City Attorney have reviewed the agreement and
have found it to be satisfactory. City staff recommends the approval of the the Kalispell Area
Transportation Plan Agreement.
ACTION REQUESTED: Motion to approve the the Kalispell Area Transportation Plan
Agreement.
ALTERNATIVES: As suggested by City Council.
ENCLOSED: Agreement for the Kalispell Area Transportation Plan
AGREEMENT FOR THE
KALISPELL AREA TRANSPORTATION PLAN
This Agreement is made and entered into by and between the City of Kalispell (LOCAL
AUTHORITY) and the Montana Department of Transportation (MDT). City of Kalispell DUNS is
021996665. CFDA 9 20.205 Highway Planning and Construction was awarded in FFY2019
(October 01, 2018 - September 30, 2019). Montana's total federal award of SPR-PL funds was
$10,685,423. FHWA is the federal awarding agency.
ARTICLE I GENERAL OBLIGATIONS
1. Purpose of Agreement
This agreement documents the roles, responsibilities, and funding requirements for the development
of the Kalispell Area Transportation Plan (PLAN). The scope of the transportation plan is
described in the attached Scope of Services, Exhibit A.
2. Time of Performance
The term of this agreement will be for eighteen (18) months from the signing of this agreement
unless extended by mutual agreement or terminated before that date as provided in this Agreement.
Roles and Responsibilities
A. Both Parties Agree:
1. LOCAL AUTHORITY will establish a technical committee consisting of members of
the LOCAL AUTHORITY, MDT, the City of Kalispell Transportation Advisory
Committee, and other entities, as appropriate. The role of the technical committee
will be to provide guidance and assistance for, but not limited to, PLAN progress,
analysis and methodologies, and any issues or concerns that arise during the PLAN.
The technical committee will review all PLAN documentation prior to publication.
2. Development of the PLAN will include monthly meetings with the technical
committee; meetings will be held in Kalispell with a conference call line.
3. Development of the PLAN will include at least two Informational Meetings for the
public to attend.
4. Upon completion, the PLAN will be adopted by the LOCAL AUTHORITY following
local planning processes.
5. LOCAL AUTHORITY will contract with a Consultant for assistance in development
of the PLAN, to be paid solely by LOCAL AUTHORITY, with reimbursement by
MDT as per the invoicing percentages and processes in this Agreement. Maximum
contract amount is $226,265 per section 4 below.
6. Consultant for this plan must have a background in Transportation Planning with
experience developing Long Range Transportation Plans.
B. LOCAL AUTHORITY WILL:
1. Submit invoices on a monthly basis with a 60/40 MDT/LOCAL AUTHORITY cost
share for reimbursement.
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2. Ensure deliverable deadlines are met and consultant contract stays within established
scope, budget and study schedule.
3. Pay MDT within 30 days of receiving an invoice for indirect costs.
C. MDT WILL:
1. Provide technical assistance and recommend industry best practices to the LOCAL
AUTHORITY and the consultant throughout the plan development.
2. Provide transportation modeling and subsequent model runs as necessary.
3. Submit all edits and changes of deliverables to the LOCAL AUTHORITY prior to
distribution to technical advisory committee.
4. Participate in technical advisory committee and attend all meetings either in person
or conference call.
5. Reimburse LOCAL AUTHORITY within 30 days of submitting invoice, with a
60/40 MDT/LOCAL AUTHORITY cost share.
6. Bill LOCAL AUTHORITY for indirect costs (IDC) on local match as per ARTICLE
II.
ARTICLE II FUNDING
1. Compensation
The PLAN will be funded by the LOCAL AUTHORITY and MDT as shown by the following
itemized financial allocations.
Transportation Plan
Local Authority Funds (40 %)
MDT Funds (60 %)
Total maximum
Total Costs Direct Costs Indirect Costs
$ 100,000
$ 90,506
$ 9,494
$ 150,000
$135,759
$14,241
$ 250,000
$226,265
$23,735
The LOCAL AUTHORITY will not reduce its share of the project cost unless there is a
proportional cost reduction to MDT. The total payment by MDT to complete the plan shall not
exceed the above -stated funding. Any scope revision or increase in project costs must be agreed to
beforehand in writing.
2. Indirect Costs
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 2 CFR 200, Appendix VIL MDT's current
indirect cost rate is 10.49% for state fiscal year 2019 (July 1, 2018 to June 30, 2019).
For this project, MDT will include a charge for the indirect costs at the current fiscal year indirect
cost rate which amount will be applied toward the MDT share of project contribution. 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.Invoices and Reimbursement
The LOCAL AUTHORITY must submit invoices for payment along with a letter approving
payment and supporting documentation substantiating the amount requested to Statewide & Urban
Planning Section, Transportation Planning Division, Montana Department of Transportation, 2701
Prospect Avenue, Helena, MT 59620. MDT funds will be used to reimburse LOCAL
AUTHORITY for costs attributable to the PLAN. MDT will reimburse 60% of all invoice
expenses included in the agreed -upon scope of work up to $135,759 as shown in Section 1. MDT
has the authority to review and approve payment of the invoices submitted by LOCAL
AUTHORITY. Reimbursement will not be made for any costs not clearly and accurately
supported by LOCAL AUTHORITY's records and not submitted within sixty days of the date
originally incurred. MDT shall reimburse LOCAL AUTHORITY within 30-days provided all the
proper documentation has been submitted.
MDT reserves the right to withhold 10% of its proportionate share of the total project cost until all
supported claims filed with the MDT have been settled.
ARTICLE III TERMS AND CONDITIONS
1. Liaison
The liaison for MDT is Vicki Crnich, (406) 444-7653, Statewide & Urban Planning Section, Rail,
Transit & Planning Division, 2960 Prospect Ave, Helena MT, 59620. The liaison for the LOCAL
AUTHORITY is Susie Turner, (406) 758-7852, City of Kalispell Public Works, 201 1st Avenue E.,
Kalispell MT, 59901.
2. Report Submission
All reports, scope revisions, partial and final payment requests, and coordination of activities will
be submitted to the Transportation Planning Division for acceptance by the MDT.
3. Ownership of Documents
All notes, calculations, computer runs, specifications, reports, special studies, and other data
prepared or collected under this agreement will become the property of the LOCAL AUTHORITY
upon completion of the study. The LOCAL AUTHORITY will provide a printed copy and an
electronic copy of the completed study to the MDT upon completion of the study.
4. Access to Records
It is expressly understood LOCAL AUTHORITY is required to maintain full records of its
performance and further to allow access to these records by MDT and the Montana Legislative
Auditor and Legislative Fiscal Analyst when required by law. LOCAL AUTHORITY agrees to
create and retain records supporting this Agreement for a period of three years after the completion
date of this Agreement or the conclusion of any claim, litigation or exception relating to this
Agreement taken by the State of Montana or a third party.
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5. Hold Harmless & Indemnification
LOCAL AUTHORITY agrees to protect, defend, indemnify, and hold MDT, its elected and
appointed officials, agents, and employees, while acting within their duties as such, harmless from
and against all claims, liabilities, demands, causes of action, and judgments ( including the cost of
defense and reasonable attorney fees) arising in favor of or asserted by LOCAL AUTHORITY's
employees or third parties on account of personal or bodily injury, death or damage to property,
arising out of the acts or omissions of LOCAL AUTHORITY, its agents, or sub -contractors, under
this Agreement, except the negligence of MDT.
The State and MDT agree to protect, defend, indemnify, and hold LOCAL AUTHORITY, its
elected and appointed officials, agents, and employees, while acting within their duties as such,
harmless from and against all claims, liabilities, demands, causes of action, and judgments (
including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the
MDT's employees or third parties on account of personal or bodily injury, death or damage to
property, arising out of the acts or omissions of MDT, its agents, or sub -contractors, under this
Agreement, except the negligence of LOCAL AUTHORITY.
6. Insurance
Each party shall maintain for the duration of this Agreement, at its own cost and expense, insurance
against claims for injuries to persons or damages to property that may arise from or in connection
with the performance of the duties and obligations in this Agreement by each party, its agents,
employees, representatives, assigns or sub -contractors. This insurance shall cover such claims as
may be caused by any negligent act or omission.
a). Commercial General Liability Insurance: LOCAL AUTHORITY shall purchase and
maintain occurrence coverage with combined single limits for bodily injury, personal injury,
and property damage as set forth below, to cover such claims as may be caused by any act,
omission, or negligence of LOCAL AUTHORITY or their officers, agents, representatives,
assigns, or subcontractors. Commercial General Liability insurance covering all operations
under the Agreement shall have coverage substantially similar to the standard ISO
Commercial General Liability Insurance policy, the limits shall be:
Each Occurrence $1,000,000.00
General Aggregate $2,000,000.00
Excess/Umbrella Liability Insurance $2,000,000.00
Any party classified as a governmental entity may meet the insurance requirements of this
Agreement through self-insurance or risk sharing pool coverage which meets Montana
statutory tort limits. Proof of self-insurance or risk sharing pool coverage must be provided
to MDT before commencement of the Agreement activities. LOCAL AUTHORITY must
notify MDT immediately of any change in insurance coverage during the term of this
Agreement and must meet the limits for private insurance shown above should self-insurance
or risk sharing pool coverage be discontinued.
b). Certificates of Insurance: Insurance is to be placed with an insurer with a Best's rating
of no less than A-. The Best's rating requirement does not apply to any governmental entity
self-insurance or risk -sharing pool insurance coverage. LOCAL AUTHORITY must notify
MDT immediately of any material change in insurance coverage, such as changes in limits,
coverages, changes in status of policy, etc. MDT reserves the right to require complete
copies of insurance policies at any time.
c). Workers' Compensation Insurance: LOCAL AUTHORITY shall require its
contractor(s) to maintain workers' compensation insurance in accordance with §39-71-
401/405, Montana Code Annotated. Neither the contractor nor its employees are employees
of MDT. This insurance must be valid for the entire Agreement period.
7. Subcontractor Work
LOCAL AUTHORITY will require any subcontractor performing work under this agreement to
provide proof of the following insurance coverage prior to the date upon which work is to begin.
The proof of insurance or exemption must be valid for the entire agreement period.
a) Comprehensive general liability insurance, including vehicle liability insurance, with
limits acceptable to the LOCAL AUTHORITY.
b) All insurance coverage must be with a carrier licensed to do business in the State of
Montana or by a public entity self -insured program either individually or on a pool
basis. Each party must notify the other immediately of any material change in
insurance coverage, such as changes in limits, coverage, change in status of policy, etc.
Each party reserves the right to request complete copies of the other party's insurance
policy or self -insured memorandum of coverage at any time.
c) Workers Compensation Insurance coverage valid in the State of Montana or proof of
exemption thereof.
8. Nondiscrimination
LOCAL AUTHORITY will require during the performance of any work arising out of this
agreement that the LOCAL AUTHORITY, for itself, its assignees and successors, shall comply
with all nondiscrimination regulations shown in Exhibit "B".
9. Termination
This agreement may be terminated for convenience by either party by that party mailing or
faxing a written notice of termination to the other's liaison person. MDT may also terminate this
agreement for default. If termination occurs due to default, the notice shall state the manner of
the default, and offer LOCAL AUTHORITY an opportunity to explain the non-performance. If
MDT finds LOCAL AUTHORITY has a reasonable excuse for non-performance, which is
beyond the control of the LOCAL AUTHORITY, MDT may set up a new work schedule to
allow the completion of the agreed upon work.
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In any termination, MDT will make its contractual payments proportionate to the work
performed at the time of termination and LOCAL AUTHORITY shall account for any property
in its possession paid for with funds received from MDT or supplied to it by MDT.
10. Other Agreements
Other Agreements pertaining to the project area remain in full force and effect. In the case of a
conflict between this Agreement and a previously executed Agreement, the terms of this
Agreement apply.
11. Choice of Law and Venue
Controversy arising from this agreement may result in litigation. Arbitration, unless agreed to in
writing and pursuant to law, is not available.
This Agreement shall be governed by the laws of Montana. The parties agree that any litigation
concerning this Agreement must be brought in the First Judicial District Court, in and for the
County of Lewis and Clark, State of Montana, and each party shall pay its own costs and
attorney fees except as otherwise noted in this agreement. In case of conflict between the terms
and conditions of this Agreement and the laws of the State of Montana, the laws of the State of
Montana shall control.
12. Agreement Modification
This Agreement may be modified or amended only by written Addendum signed by the parties.
In addition to the terms and conditions contained herein, the provisions of any Addendum may
be incorporated and made a part hereof by this reference in the terms of the agreement so
provided. In the event of any conflict between the terms and conditions hereof and the
provisions of any Addendum, the provision of the Addendum shall control, unless the provisions
thereof are prohibited by law.
13. Binding Effect
The benefits and obligations set forth in this Agreement shall be binding upon, and inure to the
benefit of, their respective successors, administrators and assigns of the Parties.
14. Relationship of Parties
Nothing contained in this Agreement shall be deemed or construed (either by the parties hereto
or by any third party) to create the relationship of principal and agent or create any partnership
joint venture or other association between the Parties.
15. Notice
All notices arising out of, or from, the provisions of this agreement shall be in writing and given to
the parties at the address of the party above, either by regular mail or delivery in person.
16. Severability and Integration
Cel
If any single part, or parts, of this agreement are determined to be void, the remaining parts will
remain valid and operative. This agreement, as written, expresses the total, final and only
agreement of the parties relevant to its subject matter. No provision, expressed or implied, arising
from any prior oral or written request, bid, inquiry, negotiation, contract, or any other form of
communication shall be a provision of this agreement unless specifically provided within the
written terms herein.
ARTICLE IV FEDERAL REQUIREMENTS
1. Audit Requirements
LOCAL AUTHORITY may be subject to the audit requirements of 2 CFR 200 Subpart F. if the
audit threshold in 2 CFR 200.501 is met, an audit must be conducted in compliance with 2 CFR 200
Subpart F if required. The audit must be completed, and the data collection form and reporting
package submitted to the Federal Audit Clearinghouse within the earlier of 30 calendar days after
the receipt of the auditor's report(s) or nine months after the end of the audit period. For local
governments and school districts, LOCAL AUTHORITY will provide the report to the State of
Montana, Department of Administration, Local Government Services Bureau. All other
subrecipients such as Tribal Communities and Non -Profit Organizations will provide the report to
the State of Montana, Department of Transportation, Audit Services if audit findings are
discovered.
2. Debarment and Suspension E.O.s 12549 and 12689)
LOCAL AUTHORITY shall obtain from its third -party contractors certifications required by
Department of Transportation regulations, "Government -wide Debarment and Suspension (Non -
procurement)," 49 CFR Part 29, and otherwise comply with the requirements of those regulations a
list of debarred entities is located at https://www.sam.gov/portal/public/SAM/.
3. Conflict of Interest (2 CFR 200.112) —
LOCAL AUTHORITY must disclose in writing any potential conflict of interest to the MDT in
accordance with applicable Federal awarding agency policy.
4. Mandatory Disclosures (2 CFR 200.113) —
LOCAL AUTHORITY must disclose, in a timely manner, in writing to the MDT all violations of
Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal
award. Failure to make required disclosures can result in any of the remedies described in 2 CFR
200.338, including suspension or debarment.
5. Internal Controls (2 CFR 200.303) -
LOCAL AUTHORITY must establish and maintain effective internal controls that provide
reasonable assurance to the MDT that LOCAL AUTHORITY is in compliance with Federal
statutes, regulations, and terms and conditions of the Federal award.
6. Political Activily Hatch Act)
LOCAL AUTHORITY will comply with the provisions of the Hatch Act (5 U.S.C. 1501-1508)
which limits the political activities of employees whose principal employment activities are funded
in whole or in part with Federal funds.
7. Certification Regarding Federal Lobby
Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned certifies,
to the best of his or her knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the
award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts
under grant, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
8. Restriction on State Lobby
None of the funds under this program will be used for any activity specifically designed to urge or
influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct and
indirect (e.g., "grassroots") lobbying activities, with one exception.
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WITNESS WHEREOF, the parties have caused this agreement to be executed.
City of Kalispell
By:
Mayor, City of Kalispell
Date: , 2019
STATE OF MONTANA - DEPARTMENT OF TRANSPORTATION
By:
Transportation Planning Division
Approved for Legal Content:
an
Department Legal Services
Date: , 2019
Approved for Civil Rights Content:
M.
Department of Civil Rights
I
KALISPELL AREA TRANSPORTATION PLAN
Agreement Exhibit A (Scope of Services)
The consultant and the City shall negotiate the exact scope of work after the consultant o
selection. The scope of se rvices may include the following:
1. Project Management Plan
• The selected consultant, in conjunction with the technical advisory committee
(TAC) comprise of City, MDT and TCC representatives, will prepare a detailed
scope of work which includes specific work tasks, detailed schedule, project
timeline and project milestones. Specific work products and deliverables will also
be identified.
2. Study Area Boundary
• Review and recommend any possible changes including reviewing the current
Urban Area Boundary and the Kalispell Annexation Boundary to ensure the study
area includes those areas that will develop within the next 20 years.
3. Data Acquisition
• Assemble, review and analyze, and incorporate existing data and reports relating to
the transportation planning process within the study boundary. The consultant will
be responsible for collecting or developing any additional information required to
accomplish the transportation study tasks and objectives, for example developing
baseline and forecasts for socioeconomic and land use data.
4. Travel Demand Modeling
• In support of the transportation plan, a travel demand model will be developed to
simulate existing travel patterns, forecast future traffic volumes, and allow for
analysis of alternative transportation improvements. Travel demand modeling will
be performed by the Montana Department of Transportation (MDT), Statewide and
Urban Planning Section. Throughout the modeling process, MDT will cooperate
with the consultant to ensure their understanding of the data inputs and assumptions
that go into the model.
i. Base Model: MDT will develop a travel demand base model utilizing the
most recent data available representing year 2017 conditions. The base
model will be developed using TransCAD modeling software. MDT will
research and assemble all necessary social, economic, and geographic
information for the development of the base year model. The model will
consist of a representative road network and traffic analysis zones
(TAZs). The road network will be attributed with characteristics such as
speed, capacity, travel time, and functional classification. The traffic
analysis zones will represent areas of similar land use and will contain
housing and employment data. The model will be calibrated (adjusted) to
base year traffic counts from local and state sources. The base model and
data used in its development will be available for consultant review. The
consultant will have the opportunity to review, comment on and accept the
base model.
ii. Future Year Housing and Employment: The consultant will research
historic and projected land use patterns in the study area to identify growth
rates for housing and employment which MDT will review. This review
will be documented and provided to the consultant. The consultant, in
consultation with MDT and local planners, will determine final growth rates
and develop future year housing and employment totals. Also, the
consultant, in consultation with the TAC, will develop any alternative land
use scenarios (locations/growth rates) that are considered appropriate for
use in future year modeling.
iii. Land Use Allocation: The consultant will coordinate allocation of the
future year housing and employment throughout the study area, utilizing
local officials and professionals knowledgeable on community
development, for each alternative land use scenario. MDT will provide an
ESRI shapefile of the TAZs where the consultant can populate future
housing and employment locations and total. The product of the land use
allocation exercise will be populated shapefiles. MDT and the city will also
develop a list of committed projects for the study area, which will be
incorporated into the model road network. Future year model runs will be
completed using the future year housing and employment distributions and
a road network containing the existing plus committed road network
(E+C). The results of the future year model runs will be provided to the
consultant for analysis.
iv. Modeling Alternatives: Once the consultant has analyzed future year model
runs they will develop a list of alternative improvements to be modeled by
MDT. Modeling alternative scenarios will be completed using future year
housing and employment data, the E+C road network and any alternative
land use scenarios. The consultant will be responsible for developing the
variables required for the model that describe the project alternatives to be
analyzed. For example a new route would need the following
variables: route identification/name; MDT functional classification;
begin/end points; speed; number of lanes; access points; direction of flow;
and turning prohibitions. The results of alternatives modeling will be
provided to the consultant for review and analysis.
v. Schedule: An initial model scoping meeting will be held once the consultant
contract has been awarded. The format for presentation of all model results
and data will be negotiated with the consultant at the scoping
meeting. Also, MDT and the consultant will decide on realistic timeframes
for the completion of the tasks outlined above at that time. Other incidental
details can be included for discussion at the meeting.
vi. Technical Memorandum: A final report documenting the traffic model
development will be prepared by MDT and provided to the consultant.
5. Analysis
• The consultant shall develop long and short-range goals and plans for the
transportation system within the City's planning area. The consultant is encouraged
to consider how to accomplish the mobility, safety and community goals with an
approach that integrates policy, infrastructure improvements and multiple travel
modes. At a minimum, the analyses performed by the consultant will explicitly
consider the following issues in developing alternatives and recommendations for
consideration by the TAC.
i. Identify community goals and measurable objectives in order to provide
guidance in the development of the Plan. The current Transportation Plan
Goals and Objectives are now 10 years old and in need of updating.
ii. The transportation implications of the local growth policies and other
current or ongoing public or private development plans.
iii. Projected transportation demand for ten and twenty year planning horizons
based on model scenarios.
iv. Average travel time between select origins and destinations.
v. Continuity and completeness of the Arterial and Collector network.
vi. Potential facilities and services for non -auto modes of transportation
including bicycles, pedestrian, and mass transit. This includes number of
miles and interconnectedness including existing and currently proposed
trails, bike lanes, bike routes, trails, sidewalks, and shared -use paths.
Analysis is to be provided by a qualified professional with specialization
in bicycle and pedestrian transportation.
vii. Accident analysis for high accident locations.
viii. Capacity analysis for intersections and corridors in relation to existing and
projected demand. This will include identifying estimated volumes at which
failure is expected to occur.
ix. Problems and opportunities associated with special traffic demand
generators such as: schools, medical centers, shopping centers, business
districts, high traffic businesses, landfills, transfer stations, public
buildings, airports, etc.
x. Travel time analysis for peak and off-peak times.
xi. Truck traffic analysis and potential truck route identification.
xii. Address access management and permitting issues.
xiii. Opportunities for utilizing access management to protect or enhance the
capacity of arterial and collector routes.
xiv. Potential transportation system management (TSM) improvements such as
signal synchronization, new signals, turning bays, one-way street
designation, etc., and updating of traffic calming practices.
xv. Pedestrian and motorized mobility and access around the schools K-12 in
the City of Kalispell.
xvi. Identify existing and potential programs for funding transportation system
maintenance and improvement. For each program specify at least the
source of funding, criteria utilized in distributing funds, anticipated funding
available over time, matching requirements, and restrictions on the use of
program funds.
6. Public Involvement
• The plan will entail public involvement and public meeting work. The consultant
shall include a public involvement plan in their response to this RFP to maximize
public awareness and involvement in the transportation planning process. A
minimum of 5 public meetings should be anticipated, as well as stakeholder
meetings if applicable. In order to gather significant input on local concerns, the
consultant shall conduct a meeting or meetings in the community to hear about
transportation related concerns. The proposed plan shall be approved by the City
and TCC during negotiation of the final contract. Consultant's plan should include
at a minimum:
i. Strategies for informing/educating the public about the transportation study
process (and the significant issues under consideration) which will motivate
participation and encourage meaningful response.
ii. Strategies for public participation to be used in gathering responses to the
consultant's recommendations and alternatives. Plans for informing and
gathering input from local government boards and commissions are to be
specifically identified and shall include a website.
iii. Strategies for documenting participation, recording input, analyzing, and
summarizing the responses received during all phases of the process.
iv. Examples of public outreach and materials that the consultant will use
to engage the public.
7. Submittals
The consultant shall develop an integrated package of recommendations and alternatives
(based on the analyses of the previously -listed issues and factors) for management and
improvement of the transportation system. These recommendations shall be prioritized
on the basis of (1) significance of system needs met and/or problems resolved, (2)
immediacy of targeted needs/problems, and (3) effectiveness/cost efficiency in dealing
with targeted needs or problems. Where alternatives are available for resolving issues or
problems, these are to be identified. Estimated costs of the recommendations and
alternatives and potential funding sources are to be identified.
The consultant shall prepare a written summary suitable for public distribution of the
material described in the previous paragraph. A presentation, together with appropriate
visual/graphic displays, for use at the public meetings called for in the public
involvement plan will also be prepared. Once the public participation review of
consultant's package of recommendations is complete, the results obtained will be
summarized in writing and provided to the TCC.
Utilizing the guidance received from TCC the consultant shall prepare a draft final study
document. A determined number of copies of the draft final study plus one unbound,
reproducible document will be submitted to the Project Team for their preliminary
approval. In addition, a copy of the plan shall be submitted in a PDF format for ready
duplication. This PDF copy shall be ADA compatible and formatted for web
presentation/distribution. The project team may require the consultant to make revisions
in the draft study prior to releasing it for public hearings and official meetings. Once any
changes required by the project team are made, the draft study will be subject to public
hearings. The consultant will assist in presenting the hearings/meeting and will analyze
the input received. The City Council may require further modifications before approving
the study.
Because revisions to the draft study may be required at several points, it shall be printed
and bound in a format that will allow changes without complete reprinting.
Upon approval of the draft final study by the Kalispell City Council, the consultant will
prepare a final study document incorporating all revisions and comments from the draft.
This final study document shall be formatted and bound in a manner that will allow it to
be revised or updated without reprinting the entire document. In addition, a copy of the
plan shall be submitted in an editable digital format, as well as PDF format for ready
duplication. All maps, project diagrams, and other location or facility related depictions
must be submitted in a digital format compatible with the City of Kalispell geographic
information systems.
KALISPELL AREA TRANSPORTATION PLAN
Agreement Exhibit B (Non -Discrimination Notice) Rev. 01/2019
MDT
NONDISCRIMINATION
AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation ("MDT") is committed to conducting all of its business in an
environment free from discrimination, harassment, and retaliation. In accordance with State and Federal
law MDT prohibits any and all discrimination and protections are all inclusive (hereafter
"protected classes") by its employees or anyone with whom MDT does business:
Federal protected classes
Race, color, national origin,
sex, sexual orientation, gender identity, age,
disability, & Limited English Proficiency
State protected classes
Race, color, national origin, parental/marital
status, pregnancy, childbirth, or medical
conditions related to pregnancy or childbirth,
religion/ creed, social origin or condition,
genetic information, sex, sexual orientation,
gender identification or expression, national
origin, ancestry, age, disability mental or
physical, political or religious affiliations or
ideas, military service or veteran status
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with
all Acts and Regulations of the United States and the State of Montana relative to Non -
Discrimination in Federally and State -assisted programs of the U.S. Department of Transportation
and the State of Montana, as they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
(2) Non-discrimination:
a. The PARTY, with regard to the work performed by it during the contract, will not
discriminate, directly or indirectly, on the grounds of any of the protected classes in the
selection and retention of subcontractors, including procurements of materials and leases
of equipment, employment, and all other activities being performed under this
contract/agreement.
b. PARTY will provide notice to its employees and the members of the public that it serves
that will include the following:
i. Statement that PARTY does not discriminate on the grounds of any protected
classes.
ii. Statement that PARTY will provide employees and members of the public that it
serves with reasonable accommodations for any known disability, upon request,
pursuant to the Americans with Disabilities Act as Amended (ADA).
iii. Contact information for PARTY's representative tasked with handling non-
discrimination complaints and providing reasonable accommodations under the
ADA.
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iv. Information on how to request information in alternative accessible formats.
c. In accordance with Mont. Code Ann. § 49-3-207, PARTY will include a provision, in
all of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis
of merit and qualifications and that PARTY does not discriminate on the grounds of any
protected class.
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this contract/agreement, the
PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its
subcontracting services. The list of all currently certified DBE firms is located on the
MDT website at mdt.mt.gov/business/contracting/civil/dbe.shtml
b. By signing this agreement, the PARTY assures that:
The contractor, sub recipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR part 26 in the award and
administration of DOT -assisted contracts. Failure by the contractor 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.
c. PARTY must include the above assurance in each contract/agreement the PARTY enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be
performed under a subcontract, including procurements of materials, or leases of equipment,
each potential subcontractor or supplier will be notified by the PARTY of the PARTY's
obligation under this contract/agreement and all Acts and Regulations of the United States and the State
of Montana related to Non -Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required by the
Acts, Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information and its facilities as may be determined by MDT or
relevant US DOT Administration to be pertinent to ascertain compliance with such Acts,
Regulations, and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish the information, the PARTY will so certify to
MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
(6) Sanctions for Noncompliance: In the event of a PARTY's noncompliance with the Non-
discrimination provisions of this contract/agreement, MDT will impose such sanctions as it or the
relevant US DOT Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the
PARTY complies; and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part.
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(7) Pertinent Non -Discrimination Authorities:
During the performance of this contract/agreement, the PARTY, for itself, its assignees, and
successor in interest, agrees to comply with the following non-discrimination statues and
authorities; including but not limited to:
Federal
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal -aid programs and projects);
- Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
- Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975,
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients, and contractors, whether such programs or activities are Federally funded or
not);
- Titles 11 and III of the Americans with Disabilities Act, which prohibits discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and38;
- The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which prevents discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
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- Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin
discrimination includes discrimination because of Limited English Proficiency
(LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
- Title IX of the Education Amendments of 1972, as amended, which
prohibits you from discriminating because of sex in education programs or
activities (20 U.S.C. § 1681 etseq.).
Executive Order 13672 prohibits discrimination in the civilian federal workforce
on the basis of gender identity and in hiring by federal contractors on the basis of
both sexual orientation and gender identity.
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of
paragraph one through seven in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts, the Regulations
and/or directives issued pursuant thereto. The PARTY will take action with
respect to any subcontract or procurement as MDT or the relevant US DOT
Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the PARTY becomes involved in,
or is threatened with litigation by a subcontractor, or supplier because of such
direction, the PARTY may request MDT to enter into any litigation to protect
the interests of MDT. In addition, the PARTY may request the United States to
enter into the litigation to protect the interests of the United States.
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