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05-09-19 Technical Advisory Committee Agenda Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning KALISPELL TECHNICAL ADVISORY COMMITTEE The Kalispell Technical Advisory Committee (TAC) will meet on Thursday, May 9, 2019 starting at 1:30 p.m. in the MDT 2nd Floor Conference Room at 85 5th Avenue EN in Kalispell. A final agenda is provided below. The agenda for the meeting will be: A. Call to order and roll call B. Approval of minutes of December 12, 2018 meeting C. Comments from the Public 1. Recommendation to re-classify West Reserve Drive from the intersection of US Highway 93 to the Intersection of US Highway 2 by removing it from the State Urban System and adding it to the State Primary System. (see attached draft letter of recommendation) 2. Proposal to Update of the 2006 Kalispell Area Transportation Plan – Review of the project boundaries and scope of work. (see attached request for proposals, scope of work-page 9 and project map-page 14) 3. Update on status of area highway projects by MDT, Flathead County and Kalispell. 4. Other topics as submitted. D. Old Business E. New Business F. Setting next meeting date. G. Adjournment Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning May 10, 2019 Mike Tooley Tammi Fisher Director Transportation Commissioner – District 1 Montana Department of Transportation Montana Transportation Commission PO Box 201001 1320 Trumble Creek Road Helena, MT 59620-1001 Kalispell, MT 59901 RE: Designation Change of West Reserve Drive Dear Director Tooley and Commissioner Fisher: The Kalispell Technical Advisory Committee met on Thursday, May 9 to consider the issue of requesting a designation change of West Reserve Drive for the 3.5 mile section of road lying generally between US Highway 93 and US Highway 2 lying in north Kalispell, MT. This section of roadway is presently classified as part of the State Urban System. The Kalispell TAC unanimously voted to request that the Montana Transportation Commission remove this piece of roadway from the State Urban System and that it be added to the State Primary System. The overarching reasoning is that the needs of this section of roadway far exceed the ability of the Urban System funding to address. The specific reasoning and support for such a request is listed below:  The State Urban System is not adequately funded to address the needs of the identified road segment in light of the continuous growth pressure experience in the Kalispell area. Kalispell is the second fastest growing area in Montana and last year was rated as the second fastest growing micropolitan statistical area in the nation. Kalispell grew 42% from 2000 to 2010 and is on track to grow an additional 25% from 2010 to 2020.  West Reserve Drive currently carries up to 17,000 – 20,000 ADT which is excessive for a safe and reasonable carrying capacity of a two-lane road. West Reserve is connected to US 93, US 93 Alternate, US 2, and Whitefish Stage Road and the traffic demand given these connections is more than the current configuration can safely handle now and into the future.  The bridge over the Stillwater River approximately ¼ mile east of the US 93 intersection is aged, is showing signs of settling, and is showing early stages of safety concerns and bridge deck deterioration. This could easily be a minimum of a $6 Million replacement cost for a five- lane structure.  It is estimated that the first phase of construction along West Reserve Drive with bridge re- placement, widening to 5-lane, and construction of a new intersection at Whitefish Stage will be in the $18-20 million category.  The Kalispell Urban Area receives approximately $720,000/year in urban funds. We currently have a balance of under $2 million. Conservatively, in today’s dollars, it will take 28 years to address the first mile of a 3.5 mile system not accounting for inflation.  West Reserve Drive is listed as a minor arterial in the 2006 Kalispell Area Transportation Plan which makes it eligible for state primary designation.  The 2006 transportation plan recommended that the westerly one mile from US Highway 93 to Whitefish Stage be reconstructed to a 5-lane minor arterial urban roadway section (MSN – 18) and the easterly 2.5 miles from Whitefish Stage to US Highway 2 be upgraded to a three lane urban minor arterial (MSN-19).  The 2006 Kalispell Area Transportation Plan is 13 years old and is based on data that is 16 years old. Thus, what was identified as a need has now grown to a crisis through lack of funds. This piece of roadway needs to be addressed as a priority ahead of the completion of the Transportation Plan update.  Traffic in the Kalispell Area is projected to continue to grow over the next 20-year planning horizon at 2%/year. In 20 years under normal growth, volumes will be 25,000 – 29,700 ADT along this section of roadway and we will still not have amassed enough urban funds to address the first mile. The Kalispell TAC looks forward to a favorable consideration of this request by the Montana Transportation Commission and MDT. Please find attached a map showing the proposed road area as well as Resolutions from both the Kalispell City Council and Flathead County Board of Commissioners. In addition, several additional letters of support from the community are attached for your review and consideration. If you have any questions, please feel free to contact me at your earliest convenience. Sincerely, Tom Jentz, Chairman Kalispell Technical Advisory Committee c. Lynn Zanto, Rail, Transit, and Planning Administrator - MDT Dwane Kailey P.E., Chief Engineer - MDT Ed Toavs P.E., Missoula District Administrator - MDT pg. 1 CITY OF KALISPELL REQUEST FOR PROPOSALS Kalispell Area Transportation Plan (Update of 2008 Area Transportation Plan) 1. INTRODUCTION 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, which was last updated between 2006 and 2008 with final adoption on April 21, 2008. The transportation study is intended 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 implementation process. The consultant should give full consideration to social, economic, and environmental effects. Evaluations shall include, but not be limited to, effectiveness in meeting community transportation circulation and access needs, air quality, energy efficiency, storm water drainage, noise, and aesthetic issues such as trees, community compatibility and landscaping. The MDT Statewide & Urban Planning Section, have developed a transportation demand model for the Greater Kalispell area, using TransCAD software. Most of the information required for the model is already available. However, the consultant will be required to generate additional data and develop socioeconomic projections to update model calibration and support modeling of alternatives. As a cost control, the selected consultant will be required to use the available data and model, as well as the services of the Statewide & Urban Planning Section staff to perform the necessary analyses. The alternatives to be modeled, the calibration base year, and the traffic projections/assignments will be determined through consultations involving the consultant, City, TCC representatives and the MDT Statewide & Urban Planning Section. The consultant will be responsible for initiating the coordination process and for working with the MDT Statewide & Urban Planning Section. This is to insure that all data and socioeconomic projections required for travel demand modeling are obtained and provided to MDT in sufficient time to complete all modeling needs on a schedule consistent with plan completion deadlines. pg. 2 2. GENERAL INFORMATION Pursuant to the authority granted to it under MCA 7-5-4301, the City of Kalispell seeks to procure a qualified consulting firm to provide professional services for preparation of a Transportation Plan for the City of Kalispell and surrounding urban area. The proposals must be received by the City Clerk at 201 First Avenue East (PO Box 1997, 59903), Kalispell, Montana, by 5:00 p.m. local time, June 7, 2019. Questions pertaining to the selection process should be directed to Susie Turner, Kalispell Public Works Director at (406) 758-7720 or sturner@kalispell.com. The City of Kalispell shall not be held responsible for any oral instructions. Any changes to this Request for Proposals (RFP) will be in the form of an addendum posted to https://www.kalispell.com/bids.aspx. The City of Kalispell reserves the right to reject any or all proposals, to waive any informality or irregularity in any proposal received, and to be the sole judge of the merits of the respective proposals received. The consultant will be selected on the basis of demonstrated competence and qualification for the type of services required, and thereafter the City will negotiate the services agreement with what it deems to be the most qualified company. Publication Dates: April 28, 2019 May 5, 2019 3. PRELIMINARY SCOPE OF WORK After being selected, the consultant will execute an agreement with the City to provide the service to fulfill the scope of work. The consultant and the City shall negotiate the exact scope of work after the selection. The selected consultant will be required to prepare a final work plan for the City of Kalispell and MDT approval on conclusion of the negotiation process and before proceeding with contract tasks. The consultant will be required to complete all work under this contract within 24 months after notice to proceed. The Scope of Work involved for this project which lists the minimum work required under this contract is outlined in Attachment A, and will be done in the area shown in Attachment B. The consultant is encouraged to recommend additional tasks or recommend deleting tasks as well. Additional tasks and work elements may be added or deleted during contract negotiations. 4. PROPOSAL REQUIREMENTS Firms interested in providing requested scope of services must submit a proposal that addresses the following evaluation criteria. Applicants are encouraged to organize their submissions in such a way as to follow the general evaluation criteria listed below. Information included within the proposal may be used to evaluate your firm as part of any criteria regardless of where that pg. 3 information is found within the proposal. Information obtained from the proposal and from any other relevant source may be used in the evaluation and selection process. The proposal shall at a minimum include the following: 1) Cover Letter (1‐page) containing at a minimum: Company name, contact name(s), address, fax number, and email address. 2) General Information:  Description of company  Lead firm’s primary and secondary contact information  Legal company organization; organization chart with names 3) Relevant Company Experience: Describe the firm’s experience with similar projects. For each project, provide the following information:  Experience developing transportation studies and plans of similar sized communities.  Key project staff members and their project role as it relates to Transportation Plan Updates  Statement of experience with the following:  Traffic modeling.  Socioeconomic and land use forecasting.  Traffic analysis and warrant studies.  Operational Analysis of intersections.  Transportation Plan Updates. o Examination of Urban traffic operations, road network, transit services, non- motorized transportation alternatives, transportation demand management, and growth management techniques o Identify problems with various transportation systems and offer recommendations in the form of improvement projects and progressive programs that will relieve existing problems and/or meet the needs of the future. o Development of alternatives and recommendation for long and short range goals for the transportation system o Cost estimations for recommended transportation system management improvements  Intersection and street improvement design experience for similar sized communities.  Innovative solutions to downtown traffic challenges including multimodal improvements for parking, pedestrian, bicycle and vehicular movements. 4) Public Participation Provide an outline of a public participation program detailing consultant’s plan for obtaining public input and identifying the specific mechanisms to be employed in meeting the requirements identified in the Scope of Work Public Participation section. Provide experience with similar projects and outcomes. pg. 4 5) Company Qualifications  Briefly describe certifications and licenses held by the company in the state of Montana.  Qualifications of key individuals to be assigned to this project, their availability during the relevant time periods, and their recent experience on similar projects.  Three to five references from the last four other municipalities or local governments for which work was performed.  Provide the firm’s record of commitment to schedule as demonstrated on past projects. 6) Contract Understanding and Approach  Statement of understanding of goals and objectives of this plan and services required of the consultant.  Identify and discuss any potential difficult issues your company may face in providing services as outlined in the scope. Identify and discuss methods to mitigate these difficulties. 7) Approach to Contract Management  Present a brief description of how the firm intends to organize and conduct the project.  Describe your company’s approach in initiating and establishing the service that meet the needs and requirements of the City.  Provide a narrative outlining a proposed scope of work that includes description of each task and work product, and a concise explanation of the firm’s approach to accomplishing the tasks.  Describe a proposed time schedule of work with key milestones and product deliveries. 8) Other Factors  Ability of the firm to rise above the common and bring forth innovative and timely solutions to transportation issues facing this community particularly focusing on creative design options to address the balance between moving traffic and maintaining community integrity through the variety of development types in the City. 9) Cost  Provide the Consultant's estimated cost for the work as outlined in the Preliminary Scope of Work.  This shall be submitted in a separate sealed envelope and will be evaluated as detailed in Method 2, Cost Evaluation Methods for Requests for Proposals, Department of Administration General Services Administration, State Procurement Bureau. http://emacs.mt.gov/Portals/122/RFP_Process/Cost_Evaluation.pdf. pg. 5 5. SUBMITTAL REQUIREMENTS Eight copies of the proposal along with one electronic document must be submitted to the City Clerk at 201 First Avenue East (PO Box 1997, 59903), Kalispell, Montana, by 5:00 p.m. local time, June 7, 2019. One additional copy must be delivered to the Statewide & Urban Planning Section, Multimodal Planning Bureau, Montana Department of Transportation, 2701 Prospect Avenue, Helena, Montana 59620-100 by 5:00 p.m. local time on June 7, 2019. Include the cost proposal in a separate sealed envelope. Faxed materials will not be considered. Failure to comply with the following criteria may be grounds for disqualification:  Receipt of submittal past the specified cut‐off date and time.  The number of originals and/or copies of the submittal specified. 6. SELECTION PROCESS Initial Evaluation: Proposals received will undergo an initial review to determine:  Compliance with instructions stated in the RFP  Compliance with proposal submittal date Phase II Evaluation: A Project Evaluation Committee will evaluate and rank each consultant’s response to this Request for Proposal. The evaluation of proposals will include a review of the following criteria:  Experience of Consultant to fulfill the Scope of Work (0-30 Points). o Consultant’s record and experience for fulfilling the requirements of similar projects to the satisfaction of the contracting entity, and for accomplishing such projects on schedule and within budget.  Public Participation Plan (0-20 points). o Adequacy and feasibility of consultant’s public participation plan. Will it inform the community of the study process and issues, provide adequate opportunities for involvement, factor public concerns into the development of the study, and provide documentation of input received and how that input was utilized in the study?  Company Qualification- Key Project Staff and Sub Consultants (0-20 Points). o Qualifications and availability of the key personnel and subcontractors identified in the work plan. Availability of adequate support staff and material resources.  Project Understanding, Methodology and Approach (0-30 Points). o Responsiveness and quality of consultant’s work plan. Does the Consultant show knowledge/understanding of the goals of this project? Does the work plan show that the consultant has the ability and will commit sufficient resources, to accomplish the required analyses, coordinate work with local and MDT staff, develop viable recommendations and alternatives, and produce a quality transportation study document? pg. 6 Once all points are scored, the proposal will be evaluated based on the State Procurement Bureau’s Best Value Method. In this method, all factors, except cost are considered and scored according to the established criteria. Once this is completed, the cost evaluation is completed by dividing the total points awarded to each proposal by its proposed cost. In this method, a value is presented in the form of a cost per point. The proposal with the lowest cost per point represents the best value to the State and would receive the award. See example below. Example: Category Proposal A Proposal B Proposal C Experience 38 40 42 Methodology 43 45 47 Staff 2 3 4 Total Points 83 88 93 Cost $100,000 $125,000 $150,000 Proposal Cost / Points = Cost Per Point A $100,000 83 1205 B $125,000 88 1420 C $150,000 93 1613 Proposal A would receive the award because it provides the lowest cost per point, or best value to the State. An Evaluation Committee including City, MDT, and TCC representatives will evaluate and rank each response to this RFP. The Evaluation Committee reserves the right to conduct interviews with all or some of the Proposers at any point during the evaluation process. However, it may be determined that interviews are not necessary. In the event interviews are conducted, information provided during the interview process shall be taken into consideration when evaluating firms using the above-stated criteria. The Committee also reserves the right to make such additional investigation, as it deems necessary to establish the competence and financial stability of any firm submitting a proposal. Requests for debriefings or selection decisions shall be made in writing to the City. 7. SCHEDULE The following tentative schedule has been prepared for this project. Firms interested in this project must be available in person on the interview meeting date if it’s determined an interview is needed.  Proposal Due: June 7, 2019 at 5:00 p.m.  Evaluate and Selection of Consultant**: June 10 - June 21,2019 pg. 7  Recommendation to TCC: June 24 – July 12, 2019  Recommendation to City Council: August 5, 2019  Finalize Contract and Notice to Proceed: Following City Council Approval **If interviews are necessary, this date will be delayed and may affect the remaining timeline.** 8. STATEMENT OF NONCOMMITMENT Issuance of this RFP does not commit the Local Officials or the State of Montana to award a contract or to pay any costs incurred in preparation of proposals responding to this RFP. The Local Officials and the State of Montana reserve the right to reject any or all proposals and to re- advertise. All proposals will become property of the Local Officials. Consultant design firms are advised that in accordance with Montana law, any information submitted may be subject to public inspection. 9. DBE GOALS There are no DBE/WBE goals for this work, but firms are strongly encouraged to utilize DBE firms if applicable. A Montana certified DBE consultant list is available and can be found on the MDT web page, http://www.mdt.mt.gov/business/contracting/civil/dbe.shtml 10. NONDISCRIMINATION COMPLIANCE: Consultants will be subject to Federal, State and City nondiscrimination laws and regulations (see Attachment C). 11. VENUE In the event of litigation, venue shall be in the First Judicial District in and for Lewis and Clark County, Montana, and the laws of the State of Montana shall apply. 12. INDEMNITY AND INSURANCE For other than professional services rendered, to the fullest extent permitted by law, Consultant agrees to defend, indemnify, and hold the City harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Consultant or Consultant’s agents or employees. For the professional services rendered, to the fullest extent permitted by law, Consultant agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Consultant or Consultant’s agents or employees. pg. 8 For this purpose, Consultant shall provide City with proof of Consultant’s liability insurance issued by a reliable company or companies for personal injury and property damage in amounts not less than as follows:  Workers’ Compensation - statutory  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate  Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate The City shall be included or named as an additional or named insured on the Commercial General and Automobile Liability policies. The insurance must be in a form suitable to City. 13. RFP AUTHORITY This RFP has been issued in accordance with 18-4, Montana Code Annotated and 2.5.602 Administrative Rules of Montana. The RFP process is a procurement option allowing award to be based on stated criteria or evaluation factors. The evaluation factors to be used in this process have been specified in Section 6 of this RFP. pg. 9 Attachment A Requested Scope of Service After being selected, the consultant will execute a services agreement with the City to provide the scope of work set forth below. The consultant and the City shall negotiate the exact scope of work after the selection. The scope of services 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. pg. 10 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 pg. 11 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 pg. 12 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. pg. 13 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. pg. 14 Page 1 of 4 Attachment C 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 State protected classes Race, color, national origin, sex, sexual orientation, gender identity, age, disability, & Limited English Proficiency 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. Page 2 of 4 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. Page 3 of 4 (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 II 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 and 38; - 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; Page 4 of 4 - 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 et seq.). - 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.