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2. Resolution 4519 - MDT - Reconstruction of Idaho, LaSalle & SunsetREPORT TO: Mayor and City Council FROM: Jim Ilansz, Director of Public Works SUBJECT: Construction Agreement, MDT Signal Upgrade, Phases H & III MEETING DATE: November 1, 1999 BACKGROUND: The Montana Department of Transportation has prepared projects for the improvement and upgrade of traffic signal control systems in the Kalispell area. Phase I is underway for the signals in the central business. Phase II (Federal Aid Project CM 6799(19)) includes upgrades of signals on US 2 from Meridian Road to Reserve Drive. Phase III, (Federal Aid Project 6799 (20)) includes upgrades on US93 north of Main Street to Reserve Drive. These upgrades will link the signals into a controlled and timed network that should greatly improve traffic flow. We also anticipate these improvements will increase the overall reliability of the system and reduce workloads on City signal personnel who perform the bulk of the maintenance and repairs. The project is scheduled for spring of 2000. 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 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 CM 6799(19) and Federal Aid Project CM 6799(20). Post Office Box 1997 • Kalispell, Montana 59903-1997 Telephone (406) 758-7700 • FAX (406) 758-7758 FISCAL EFFECTS: None are identified. ALTERNATIVES: As suggested by the City Council Respectfully submitted, am s C. Hansz,tos RE Chris A. Kukulski Director of PubliCity Engineer City Manager Report compiled October 25, 1999 Attachments: Resolution RESOLUTION NO. 4519 It is hereby resolved by the City Council of Kalispell that the City Agreement of Federal Aid Project Nos. CM 6799 (19) and CM 6799 (20) 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 1ST DAY OF NOVEMBER, 1999. Jim Atkinson, Councilor John Graves, Councilor Duane Larson, Councilor Doug Scarff, Councilor Attest: Theresa White City Clerk Norbert Donahue, Councilor Dale Haarr, Councilor Gary Nystul, Councilor Ron Van Natta, Councilor Wm E. Boharski, Mayor CITY CO N S T R U!9 T ION A G R E E MEN T 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. W I T N E S S E T H• 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 Nos. CM 6799(19) and CM 6799(20), and WHEREASt the construct'will be over and upon Idaho St., LaSalle Road'and Sunset Blv :;-,,.,.and WHEREAS, the State desires to receive Federal funds to construct the highway, and WHEREAS, the Federal I4ighway 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. 1 (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 2 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 upc.n 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 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 withi-n 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 cr cause to be maintained the sidewalks bordering the project. 3 (10) That the City will continue adequate engineering capabilities to ensure that a continuing traffic engineering function is carried out on the project. III. 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. (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 4 (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: City will include the provisions of paragraphs (a) through (f) 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." 5 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 , 199 STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION Marvin Dye Director of Transportation By Administrator - Engineering Division ATTEST: City Of Kalispell By City Clerk of Commission 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 , 199 ; and that the Council of Kalispell authorized the Mayor to sign this agreement on behalf of Council. (Signature 0 EXHIBIT A" 0 N �9 SIDEWALK b -MIO-9L0CX CROSSWALX *INDICATES NO PARKJ*t STO"INGlOR STAMM" ZONES. * !O# ON THE APPROACH TO A CROSSWALK. * 3V ON THE APPROACH TO A STOP SIGN OR SIGNALIZED INTERSECTION. CR0SSWALK (MARKED OR UNMARKED) I SI DE WA LX 20 * I FIRE HYDRANT NO PARKING ZONES As Defined by MONTANA VEHICLE CODE Prepared by Department of Transportation