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15. Resolution 4810 - Construction AgreementCity of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone ( 06)758-7720, Fax (406)758-7 31 REPORT TO: Mayor and City Council FROM: James C. Hansz, P.E., Director of Public Works 1 City Engineer SUBJECT: Construction Agreement, NW Kalispell MAGI Sidewalk Project MEETING DATE: 7 July 2003 BACKGROUND: The Montana Department of Transportation in partnership with the City of Kalispell has prepared a project within the City for the installation of sidewalk improvements in NW Kalispell north of Idaho Street between US 93 and Wyoming Street. This project is known as Federal Aid Project No. CM 6799(24) and was developed in response to the City's successful effort to obtain grant funding for this work. The project is scheduled to begin in the 2003 construction season. As part of the project administration, and to ensure that the State qualifies for receipt of the Federal funds needed to perform this work, MDT routinely asks the City to enter into a project construction agreement. This agreement involves a City commitment to certain design standards, maintenance of sidewalks installed for this project, setting of speed limits, compliance with the Civil Rights Act and compliance with the Americans with Disabilities Act. All of these are their standard "boiler -plate," and the City has previously entered into this same type of construction agreement for other projects with the State. RECOMMENDATION: A motion to approve a resolution for entering into a construction agreement with the Montana Department of Transportation for Federal Aid Project No. CM 6799(24). ACTION REQUESTED: AT CITY COUNCIL MEETING OF JULY 7 - MOTION AUTHORIZING RESOLUTION NUMBER 4810 APPROVING A CONSTRUCTION AGREEMENT WITH THE MONTANA DEPARTMENT OF TRANSPORTATION FOR FEDERAL AID PROJECT NO. CM 6799(24). FISCAL EFFECTS: Expenditures of up to $81,000 in City match funds from the MACI project budget. July 7, 2003, Sidewalk Project Construction Agreementd.doc ALTERNATIVES: As suggested by the City Council Respectfully submitted, Chris A. Kukulski City Manager Report compiled 30 June 2003 Attachment: Resolution July 7, 2003, Sidewalk Project Construction Agreementd. doe RESOLUTION NO.4810 A RESOLUTION AUTHORIZING THE MAYOR OF KALISPELL TO EXECUTE CITY AGREEMENT OF FEDERAL AID PROJECT NO. CM 6799(24) WITH THE STATE OF MONTANA. WHEREAS, the State of Montana and the City of Kalispell propose to construct certain improvements on a specific highway in and through the City, the construction being known as Federal Aid Project No. CM 6799(24); and WHEREAS, the construction will be over and upon approximately 85 residential/commercial blocks in the northwest section of Kalispell as described on Exhibit "A"; and WHEREAS, the State of Montana and City of Kalispell desire to receive Federal funds for said construction; and WHEREAS, the Federal Highway Administration of the U.S. Department of Transportation will not participate in the construction until and unless the City agrees to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. It is hereby resolved by the City Council of the City of Kalispell that the City Agreement of Federal Aid Project No. CM 6799(24) with the State of Montana, acting by and through the Department of Transportation, is adopted by this Council; and the Mayor of Kalispell is hereby empowered and authorized to execute said Agreement. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7TH DAY OF DULY, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk It EXHIBIT A" MID —BLOCK CROSSWALK VINDICATES NO PARKING.. STOPPING, OR STANDING ?k ZONES. N V 20' ON THE APPROACH TO A CROSSWALK. Y * 30' ON THE APPROACH TO A STOP SIGN OR SIGNALIZED -J INTERSECTION. w * _. o c in c� CROSSWALK (MARKED OR UNMARKED) I I I 1 30' i I SIDEWALK I/ SIDEWALK Y J 3 0 * v� a -..--FIRE HYDRANT NO PARKING ZONES As Defined by MONTANA VEHICLE CODE Prepared by Department of Transportation CITY CONSTRUCTION AGREEMENT CITY MAINTAINED ROUTES THIS AGREEMENT, made and entered into, by and between the State of Montana, acting by and through its Department of Transportation, hereinafter called the State, and the City of Kalispell, a Montana municipal corporation, hereinafter called the City. W I T N E S S E T H: I. THAT, WHEREAS, the State and the City of Kalispell propose to construct certain improvements on a specific highway in and through the City, the construction being known as Federal Aid Project No. CM 6799(24), and WHEREAS, the construction will be over and upon approximately 85 residential/commercial blocks in the northwest section of Kalispell, and WHEREAS, the State and City of Kalispell desire to receive Federal funds for said to construct the highway, and WHEREAS, the Federal Highway Administration of the U. S. Department of Transportation will not participate in the construction of said highway until and unless the City agrees to certain conditions, hereinafter set forth, and WHEREAS, this document must be duly executed and on record with the State and Federal Highway Administration before the work contemplated can be awarded to contract, and WHEREAS, the City, hereby concurs in the designation of the highway, which was designated under Section 60-2-110, MCA, and WHEREAS, the CIty desires to have the construction done, the City deeming it to be a valuable and beneficial consideration, II. NOW, THEREFORE, for and in consideration of the premises and of the agreement herein contained, the parties agree as follows: (1) The City agrees to conform in all manner and respects to Chapter 8 of Title 61, MCA, and will not take any action, by enacting an ordinance or otherwise, in contradiction of the Montana uniform traffic code as outlined in Chapter 8 of Title 61, MCA, with specific reference, but not limited to, the following matters: (a) The City will not install, or permit to be installed, any signs, signals, or markings not in conformance with the Standards approved by the Federal Highway Administration pursuant to 23 USC 109(d). H (b) The City will not pass any ordinances or laws establishing a speed limit less than twenty-five (25) miles per hour in any urban district, as defined in 61-1-410, MCA, on the above -mentioned street (avenue); (c) The City will not establish a speed limit of less than thirty-five (35) miles per hour outside an urban district as defined in 61-1-410, MCA, on the highway. (d) The City will not erect any markings, sign, signal or traffic control device that will give preference to local routes which intersect with the highway; and no markings, sign, signal or traffic control device will be erected or constructed nor shall the establishment or modification of any speed zone, parking regulation or traffic marking which will affect traffic on the highway be made without proper traffic and engineering study indicating that such markings, sign, signal or traffic control device is required. (e) (1) The City will service, maintain and pay the cost of operating all improvements embraced by this agreement. The City agrees to indemnify and hold harmless the State, including the Department, for any claim, damage, loss or cause of action arising from, due to or allegedly due to the negligence of the City or its employees or the failure of the City to perform the maintenance activities described herein. (2) If during the construction of any sections of the above - mentioned street (avenue), should the State and/or the Federal Highway Administration, on account of unfavorable weather or other conditions not the fault of the contractor, authorize a suspension of construction operations thereafter and until the State and/or the Federal Highway Administration issue an order for the resumption of construction operations, the maintenance of the sections under construction will be by and at the expense of the City. (f) The City will require the stopping of all traffic at all intersecting streets, alleys and driveways before entering the highway, and where the City considers that the traffic control creates a hazardous situation, they may modify the traffic control devices as may be in the public interest from a safety and convenience standpoint. (g) The City has passed or will pass the necessary ordinances or laws to require parallel parking on the highway; and The City has passed or will pass the necessary ordinances or laws to forbid stopping, standing or parking a vehicle on a sidewalk, in front of a public or private driveway, within an intersection, on a crosswalk, or within twenty (20) feet of the crosswalk of any intersecting street at its intersection with the highway; and The City has passed or will pass the necessary ordinances or laws to forbid stopping, standing or parking a vehicle within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of the roadway of the highway; on the roadway side of any vehicle stopped or parked at the edge or curb of the highway; or upon any bridge, or other elevated structure upon the highway; or within any highway tunnel that is a part of the highway, should such a structure exist or be built. K (2) In addition to the specific signs, signals and traffic control devices which may be shown on the plans, further restrictions as to parking, stopping and speed limits are set forth in the attached drawing labeled "Exhibit A," said exhibit being part of this agreement. (3) The City has reviewed and approved the plans. (4) The City will maintain the constructed facility and enforce the ordi- nances and/or regulations necessary and essential for the operations of the improvements as planned. (5) The City will maintain adequate traffic engineering capabilities to ensure that a continuing traffic engineering function is carried out on said project. (6) The City will remove or cause to be removed or modified, any existing encroachments encountered as may be directed by the State and at any future time will not permit nor suffer any encroachments on the right-of-way of the said road except upon the execution of the encroachment application and permit as issued by the State. (7) The City agrees to regulate utility occupancy on the right-of-way of this completed project in conformance with occupancy regulations that will comply with or be more restrictive than the requirements of ADMINISTRATIVE RULES OF MONTANA 18.7.201 thru 18.7.241 governing "RIGHT OF WAY OCCUPANCY BY UTILITIES." 111. During the performance of this Agreement, the City, for itself, its assignees and successors in interest, agrees as follows: (A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL -AID CONTRACTS (1) Compliance with Regulations* The City shall comply with all Regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation, 49 Code of Federal Regulations, Part 21, as they may be amended (hereafter referred to as the Regulations), which are incorporated by reference and made a part of this Agreement. (2) Nondiscrimination: The City, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of sex, race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The City shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 21.5. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, whether by competitive bidding or negotiation by the City for work to be performed under a subcontract, including procurements of materials or leases of equipment, any potential subcontractor or supplier shall be notified by the City of the City's obligations under this Agreement and the Regulations relative to nondiscrimination. 3 (4) Information and Reports: City Will provide all reports and information required by the Regulations, or directives issued pursuant thereto, and permit access to its books, records, accounts, other sources of information and its facilities as may be determined by Department or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with Regulations or directives. Where any information required of the City is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to the Department or the FHWA as requested, setting forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the City's .noncompliance with the nondiscrimination provisions of this Agreement, Department may impose sanctions as it or the FHWA determines appropriate, including, but not limited to, (a) withholding payments to the City under the Agreement until the City complies, and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: City will include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. City will take such action with respect to any subcontract or procurement as the Department or the FHWA may direct to enforce such provisions including sanctions for noncompliance: Provided, however, that in the event City is sued or is threatened with litigation by a subcontractor or supplier as a result of such direction, the City may request the Department to enter into the litigation to protect the interests of the State, and, in addition, the City or the State may request the United States to enter into such litigation to protect the interests of the United States. (B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES,. 49-3-207, MCA In accordance with Section 49-3-207, MCA, City agrees that for this Agreement all hiring will be made on the basis of merit and qualifications and that there will be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the Agreement. (C) COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) (1) City will comply with all regulations relative to implementation of the AMERICANS WITH DISABILITIES ACT. (2) City will incorporate or communicate the intent of the following statement in all publications, announcements, video recordings, course offerings or other program outputs: "City will provide reasonable accommodations for any known disability that may interfere with a person in participating in any service, program or activity offered by the City. In the case of documents, recordings or verbal presentations, alternative accessible formats will be provided. For further information call the City." 4 D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION. FINANCIAL ASSISTANCE PROGRAMS, .• CFR • Each Agreement the Department signs with a City (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The City, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The City shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the City 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. IN WITNESS WHEREOF, the Director of Transportation or his authorized representative has signed on behalf of the State of Montana, and the Mayor of the City of Kalispell on behalf of the City of Kalispell, signed and affixed hereto the seal of the City. DATED this day of , 2003. • • , , .,. • ■, �, •, David A. Galt Director of Transportation r - F-ngineering SPELL City Clerk By Mayor I, , Clerk of the City of Kalispell hereby certify that the above agreement was regularly adopted by the Council of Kalispell at a meeting held on the day of , 2003; and that the Council of Kalispell authorized the Mayor to sign this agreement on behalf of the Council. (Signature) 9