7. Resolution 4539 - Main Street ReconstructionCitv of Kalispell
REPORT TO: Mayor and City Council
FROM: Jim Hansz, Director of Public Works
SUBJECT: Construction Agreement, MDT Main Street Reconstruction
MEETING DATE: February 7, 2000
BACKGROUND: The Montana Department of Transportation has prepared a project within the City for
the reconstruction of Main Street, (Federal Aid Project No. CM -NH 5-3(51)112F). The project extends
from Washington Street to Center Street and includes reconstruction of the Main/Idaho intersection. Also
included is the City's project for replacement of the old 18-inch diameter cast iron water main in Main
Street. The project is scheduled for the 2000 construction season. As part of the project administration, and
to ensure that the State qualifies for receipt of Federal funds to perform 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 construction agreement for other projects
with the State. The attached resolution authorizes entering into this construction agreement.
RECOMMENDATION: A motion to approve the resolution for entering into a construction agreement
with the Montana Department of Transportation for Federal Aid Project No. CM -NH 5-3(51)112F).
FISCAL EFFECTS: None are identified.
ALTERNATIVES: As suggested by the City Council
fly ed,
es C. Hansz, P.E.
Director of Public Works / Engineer
Attachments: Resolution
C,Q &-, , ", A. � 2, � & �
Chris A. Kukulski
City Manager
Report compiled January 26, 2000
RESOLUTION NO. 4530 Oq
It is hereby resolved by the City Council of Kalispell that the
City Agreement of Federal Aid Project No. CM -NH 5-3(51)112 F 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 on behalf of the Council of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
THIS 7TH DAY OF FEBRUARY, 2000.
Jim Atkinson, Councilor
Dale Haarr, Councilor
Duane Larson, Councilor
Doug Scarff, Councilor
Attest:
Theresa White
City Clerk
Donald Counsell, Councilor
Randy Kenyon, Councilor
Fred Leistiko, Councilor
Ron Van Natta, Councilor
Wm E. Boharski, Mayor
Rev. 5/11/98
CITY
CONSTRUCTION AGREEMENT
STATE 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.
WITNESSETH:
I. THAT, WHEREAS, the State proposes to construct and/or reconstruct a
certain highway in and through the City, the construction being known as Federal
Aid Project No. CM -NH 5-3(51)112 F, and
WHEREAS, the construction will be over and upon Main Street beginning
at the intersection with East Center Street and extends north to the intersection
with East Washington Street, and on East Idaho Street beginning at the
intersection with 1 Avenue WN and extends east to the intersection with 1st
Avenue EN, and
WHEREAS, the State desires to receive Federal funds to construct the
highway, 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, 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 has adopted, or will adopt, as a part of its ordinances, all of
the provisions of the 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 pass any ordinances or laws establishing a
speed limit less than twenty-five (25) miles per hour in any urban district, as
defined in Section 61-1-410, MCA, on the highway.
S:CP-STD:120
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(b) The City will not establish a speed limit of less than thirty-five
(35) miles per hour outside an urban district as defined in Section 61-1-410,
MCA, on the highway. The City will modify or alter such established speed
limits on the highway after a traffic and engineering investigation is made at the
request of the State.
(c) 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 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
Federal Highway Administration 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 shall 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 shall pay their
proportionate share of the rate increase.
(g) The City shall 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 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 a crosswalk on the highway; 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 highway; 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; on the
Rev. 5/11 /98
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.
(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 existing 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," said exhibit
being part of this agreement.
(4) The State will retain the authority and responsibility for issuing
approach and 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 such
newly annexed area include portions of this Federal Aid 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 and, on behalf of
the City, the Mayor has signed on the first sheet of said 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 shall be maintained by
the City.
(9) The City shall maintain or cause to be maintained the sidewalks
bordering the project.
(10) That the City will continue adequate engineering capabilities to
ensure that a continuing traffic engineering function is carried out on said project.
Ill. 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 Agr6eiment, 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.
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S:CP-STD:120
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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: n a solicitations, w e# er y competitive bidding or
negotiation y the 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.
(4) Information andReports: City will provide all reports and
information required -By —the Regulations, r 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 nond'iscrimmation 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) lnco oration of Provisions: City will include the provisions
of paragraphs (a) through 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.
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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."
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S:CP-STD:120
Rev. .5/11/98
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, has signed and affixed hereto
the seal of the City.
DATED this day of , 2000.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
Marvin Dye
Director of Transportation
By
mmistrator - Engineering Division
City CleiR
By 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
, 2000; and that the Council of Ka i-1 sp�7 authorized
the Mayor to sign t is agreement on behalf of Council
ignature
9
EXHIBIT A'
1 1
i 1
30� �: 1
I
SIDEWALK
MID-OLOCK CROSSWALK
*INDICATES NO PARKIMQ
STO'PINS, OR STA"04
ZONES.
* WON THE APPROACH
TO A CROSSWALK.
N 30' ON THE APPROACH TO
A STOP 31ON OR SIGNALIZED
INTERSECTION.
CROSSWALK
(MARKED OR UN MARKED)
FIRE HYDRANT
NO PARKING ZONES
As Defined by
MONTANA VEHICLE CODE
Prepared by Department of Transportation