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PORT TO: Mayor and City Council
FROM: Jane Howington, City Manager
H If
'ity of f"ali*s-*�ek
Post Office Pox 1997 - Kalispell, Montana 59903
Telephone: (406) 755-7701 Fax: (406) 758-7755
SUBJECT: Construction Agreement — State Project No, SFC - FCS ST D (083) UPN 756
ETING DATE: February 22, 2011
BACKGROUND: MDT plans to construct certain highway improvements in and through the
City. Construction will be over and upon the intersection of US 93 and Grandview and the
intersection of Whitefish Stage and Reserve. This project will involve installation of left turn
phases at the existing signals at both locations. The intersection of US 93 and Grandview will
receive a SP left turn phase and the intersection of Whitefish Stage and Reserve will receive EP
and WB left turn phases.
This agreement is similar to others recently approved by the City Council. The Public Works
department and the City .,Attorney have reviewed the agreement and found it to be satisfactory in
all respects.
COlVIMENDATI0N: Approve the construction agreement for State Project No. SFCN-
SFCS STWD (083) UPN 7564.
ACTION REQUESTED: MOVE RESOLUTION NO. 5482 TO APPROVE THE
CONSTRUCTION.. PROJECT 1 (083)
FISCAL EFFECTS: None, there is no cost to the City of Kalispell; all funding is provided by
MDT.
ALTERNATIVES: .As suggested by the City Council.
Respectfully Submitted,
Jane r1oW-1ngton.
City Manager
RESOLUTION/MAYOR OF OR DESIGNEE Tt
EXECUTE THE CONSTRUCTION AGREEMENT OF STATE OF
PROJECT NO, SFCN-SFCS 1 (083) UPN 7564 WITH THE STATE OF /.
ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION.
WHEREAS, the State of Montana proposes to construct and/or reconstruct a certain highway in
and through the City, the construction being known as State Project No. S FCN--
SFCS STWD(083) UPN 7564; and
WHEREAS, the construction will be over and upon the intersection of US-93 and Grandview
Drive and the intersection of Whitefish Stage and Reserve, and
WHEREAS, the City desires to receive State funds to construct the highway improvements,
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 1. It is hereby resolved by the City Council of the City of Kalispell that the
Construction Agreement of State of Montana .Project No. SFCN-SFCS
STWD(083) UPN 7564 with the State of Montana, acting by and through
the Department of Transportation, is adopted by this Council; and the
Mayor of Kalispell or designee is hereby empowered and authorized to
execute said Agreement.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPFLL THIS
22ND DAY OF FEBRUARY, 2011.
Tanuni. Fisher
Mayor
ATTEST:
Theresa 'white
City Clerk
Theresa
IT hite
F,-
From: Grant, Paul pgrant@ rnt.gov]
Sent: Friday, February 11, 2011 8:36 AM
To: Daily infer Lake, The (E-mail); Flathead Beacon; K18AJ-TV; Kalispell - KCFW-tv (E-mail);
KALS-FM; KG EZ; KOFI
Cc: Boysen, Fundy; Moeller, Doug; Stack, Shane; Nunnallee, Benjamin; Erb, Michelle; Ryan, Lori;
Grant, Paul; Theresa White; FLATHEAD COUNTY COMMISSIONERS; FLATHEAD COUNTY
ROAD SUPERVISOR
Subject: MDT proposes left --turn traffic signal installations at two locations in Kalispell, Flathead County
U P N 7564
February 11, 2011
FOR IMMEDIATE RELEASE
For More Information:
Lori Ryan, Public Information, MDT, (406) 444-6821
MDT proposes left -turn traffic signal installations at two locations in Kalispell, Flathead
County
Kalispell - The Montana Department of Transportation (MDT) would like to notify the public
and seek comments on a proposal to upgrade traffic signals at the following locations in
Kalispell, Montana, Flathead County:
* A southbound left -turn signal will be installed at the intersections of U.S. 93 and
Grandview/4 File, and
* Eastbound and westbound left -turn signals will be installed at the intersection of
Whitefish Stage and Reserve.
The project will occur at reference marker 114.9 on US--93 and reference marker 5.0 on S-548
(Reserve Dr.).
Proposed work includes installing new signal heads, vehicle detection to activate the turn
signal and updated traffic control equipment. The purpose of the project is to improve
safety by reducing vehicle crashes occurring at these intersections.
The project is tentatively scheduled for construction in 2011, depending on completion of all
project development activities and availability of funding.
No new right--of-way or utility relocations will be needed.
For more information, please contact Doug Moeller, Missoula District Administrator, at (406)
523-5800 or Toll Free at 888-231-5819. For the hearing impaired, the TTY number is (406)
444-7696 or 1-800W-335-7592, or call the Montana Relay at 711. People may submit written
comments to the Montana Department of Transportation Missoula office at PO Box 70395
Missoula, MT 59807-7039, or online at
www.mdt.mt.govZmdt/comment form.shtml
noting comments are for project UPN 7564. Alternative accessible formats of pertinent
information will be provided upon request.
-_-------w-- end __--__---
Project name: LT Turn Imp Kalispell Area Project ID: SFCN--SFCS STWD (083) Control Number:
7564 Flathead County
1
Q:CP-STD: 1 50.DOC
Rev. 9/25/08
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.
I. WHEREAS, the State proposes to construct and/or reconstruct a certain highway in and
through the city, the construction being known as State Project No. SFCN-SFCS STVD(983)
U PN 7564, and
WHEREAS, the construction will be over and upon the intersection of US-93 & Grandview
and the intersection of whitefish Stage and Reserve. The project will involve installation of left turn
phases at the existing signals at both locations. The intersection of US-93 and Grandview will
receive a SB left turn phase and the intersection of whitefish Stage and Reserve will receive ES
and wE left turn phases, and
WHEREAS, the city desires to receive State funds to construct the highway, and
WHEREAS, in accordance with the State's agreement with the Federal Highway
Administration (FHWA) of the U. S. Department of Transportation, the State must ensure that
certain requirements are met in order for the State to fulfill its obligations to the FHWA and for
the project to be eligible for federal funds. Accordingly, the State includes federal requirements,
which are among those hereinafter set forth, for this project, and the city agrees to therm, and
WHEREAS, this document must be duly executed and on record with the State 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 60-2-11 Q, MCA., and
WHEREAS, the city desires to have the construction done, the city deeming it to be a
valuable and beneficial consideration,
it. NOW, THEREFORE, for and in consideration of the premises and of the covenants herein
contained, the parties agree as follows:
(1) The city agrees to conform in all regards to chapter 8 of Title 61, MCA, and will not
tale any action, by enacting an ordinance or otherwise, in contradiction of the traffic laws in
Chapter 8 of Title 61, MCA, with specific reference, but not limited to, the following matters:
(a) 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 on the highway.
(b) The City will not establish a speed limit of less than thirty-five (35) riles per
hour outside an urban district on the highway. The City will modify or alter such established speed
limits on the highway after a traffic and engineering investigation at the- request of the State.
(c) The City will not erect any markings, sign, signal or traffic control device that
1
Q:CP-STD:150.DOC
Rev. /25/08
will give preference to local routes which intersect with the highway; and no .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 express written permission of the state and then only after proper traffic and engineering
study indicates that such markings, sign, signal or traffic control device is required.
(d) The City will not install, or permit to be installed, any signs, signals, or
markings not in conformance with the Standards approved by the FHWA pursuant to 23 USC
§109(d).
(e) The City will not erect any lighting on the highway without express written
permission of the State and Then only after proper traffic and engineering study indicates that such
lighting devices are required. The plans for such lighting installation will be approved by the State
before erection.
(f) For lighting projects inside of incorporated municipalities, the cost of
operation and maintenance of the lighting shall be paid by the state; however, where an existing
lighting district, which is paid for by a city, town or special improvement district, is replaced or
upgraded, the city, town or special improvement district shall continue paying the amount of the
previous payments toward the cost of operation and maintenance of the new or revised lighting
system. If and when the cost of energy or maintenance is raised by the utility company, the city,
town or special improvement district will pay their proportionate share of the rate increase.
(g) The City will require the stopping of all traffic at all intersecting streets, alleys
and driveways before entering the highway. Where the City considers that such traffic control
creates a hazardous situation, they will request a traffic and engineering study by the state. The
State, after the study, may authorize express written modifications in the traffic control devices as
may be in the public interest from a safety and convenience standpoint.
(h) 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 ordinar kces 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, or 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 an intersecting street at its intersection with
the highway; 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.
(2) The state, after a traffic and engineering investigation � of any speed zone, parking,
regulation or traffic control device, may require the City to modify or remove such speed zone,
parking regulation or traffic control device upon the highway.
(3) 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," which is part of this agreement.
(4) The State will retain the authority and responsibility for issuing approach and
Q.LP-STD. 1 50. DOC
Rev. /25/08
encroachment permits onto, upon or over right-of-way of the highway by anyone.
(5) should the city incorporate. beyond the present city limits, and the newly annexed
area include portions of this state Project not now within the city limits, then this agreement, by
reference herein, will also apply to the newly annexed area.
(6) The City has reviewed and approved the plans.
(7) The City will continue to enforce the ordinances, laws and/or regulations necessary
and essential for the operation of the improvements as planned.
(8) All signs required to enforce City ordinances will be maintained by the City.
(10) The City will continue adequate engineering capabilities to ensure that a continuing
traffic engineering function is carried out on the project.
Ill. Curing 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 F21GHl'S 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, even if only
State funding is here involved.
(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 n 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
,Egui rnent: In all solicitations, whether by competitive bidding or negotiation by the city for work to
be peifforrned under a subcont�pact, irycluding procuremenfs of rnaterials 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.
(4) Information and �Re ort : 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 F HWA 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
FH1fvA determines appropriate, including, but not limited to,
Q.CP-STD.1 50.DOC
Rev. 1/25/08
(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 MONiARIA 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, sec, 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 ol- 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."
D) CONIPLiANCE WITH PARTICIPATION ,Y DISADVANTAGED BUSINESS
TRANSPORTATIONENTERPRISES 'IN DEPARTMENT OF A
PROGRAMS, 49 PART 26
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, subrecipient 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 Park 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 t&rnination of this contract or such other
remedy as the recipient deems appropriate.
Q:CP-STD:150.DOC
Rev. 1/25/08
IN WITNESS WHEREOF, the Department's authorized representative has signed on behalf of the
State of Montana, and the Mayor of the City of Kalispell, on behalf of the City, has signed and
affixed hereto the seal of the City.
Administrator - Engineering Division
....... -- - ------------ ---- -- . ..... .. . ............ ... .. ........... ..... ..........
Approved for Legal Content
ATTEST:
City Clerk
go
q 2011
Mayor
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 1 2011; and that the Council of Kalispell authorized
the Mayor to sign this agreement on behalf of the Council.
(Signature)
W
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