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5. Resolution 5260 - Construction Agreement - Meridian Roadr> a ..; . ... .. .. City of Kali"spell Publl*c =: ; r:�,- Post Office fax 997, Ka pel ,Montana �9903- . 997 - Telephone (406)758-7720, Fax (406)75 8w7831 l: REPORT To: Mayor and City Council FROM: James C. Hansz, P.E., Director of Public Works SUBJECT: Construction Agreement - Meridian Road Project, FAP UPP 6713(2) MEETING DATE: 4 February 2008 BACKGROUND: During 2008 MDT plans to complete a pavement reconstruction project on Meridian Road between 7th Street West and US 2. This work will consist of milling old asphalt and repaving the entire roadway between those limits. There will be no cost to the City for this much needed maintenance work. There are m=nor utility adjustments for manholes and water boxes included in the project, but these will be done at no cost to the City. In order to move this project forward, MDT requires a formal construction agreement with the City. This is a standard requirement on all projects. Public Narks and the City Attorney have reviewed the agreement and found it to be satisfactory. RECOMMENDATION: Approve MIST City Construction Agreement for Federal Aid Project FAP UPP 6713(2). ACTION REQUESTED** A T CITE COUNCIL MEETING OF FE.BR UAR E 4 -- MOTION TO APPROVE CONS TR UCTION A GREEMENT FOR FEDERAL AID PROJECT FAP UPP 6713(2) FOR MERIDIAN ROAD. FISCAL EFFECTS: Done ALTERNATIVES: As suggested by the City Council Res tfully submi z, P.E. ames . Patnck Director of Public Works / Ci gineer City Manager Attachment: Agreement February 4, 2008 Meridian Road South Repaving Construction Agreement.doc RESOLUTION NO.5260 A RESOLUTION AUTHORIZING THE MAYOR OF KALISPELL TO EXECUTE THE CONSTRUCTION AGREEMENT OF FEDERAL AID PROJECT NO. UPP 6713(2) WITH THE STATE OF MONTANA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION. WHEREAS, the State of Montana and the City propose to construct certain improvements on a specific highway in and through the City, the construction being known as Federal Aid Project No. UPP 6713(2); and WHEREAS, the construction will be over and upon U-6713 (Meridian Road); and WHEREAS, the State of Montana and the City 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 Construction Agreement of Federal Aid Project No. UPP 6713 (2) 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 OF THE CITY OF KALISPELL THIS 4TH DAY OF FEBRUARY, 2008. Pamela B. Kennedy Mayor .ATTEST: Theresa White City Clerk Q:CPSTD:140.DOC Rev. 11 / 18/05 CONSTRUCTION AGREEMENT CITY -MAINTAINED ROUTE THIS AGREEMENT is 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 THAT: 1. WHEREAS the State and the City propose to construct certain improvements on a specific highway in and through the City, the construction being known as Federal Aid Project No. UPP 6713(2), and WHEREAS, the construction will be over and upon U-6713 (Meridian Road), and WHEREAS, the State and city desire to receive Federal funds for said to construct the highway, and WHEREAS, the Federal Highway Administration (FHWA) of the U. S. Department of Trans- portation 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 FHWA 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 60-2-1101 MCA, and WHEREAS, the City desires to have the construction done, the city deeming it to be a valuable and beneficial consideration, 11. 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 3 of Title 61, MCA, and will not take any action, by enacting an ordinance or otherwise, in contradiction of the traffic laws in Chapter 3 of Title 61, MCA, with specific reference, but not limited to, the following matters: (a) Installation of any signs, signals, or markings not in conformance with the Standards approved by the FHWA pursuant to 23 USC 100(d). (b) 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) Establishing a speed limit of less than thirty-five (35) miles per hour outside an urban district as defined in 61-1-4101 MCA, on the highway. 1 Q:CPSTD:140.DOC Rev. 11/18/05 (d) Erecting any markings, sign, signal preference to local routes which intersect with the highway; control device will be erected or constructed nor shall the speed zone, parking regulation or traffic marking which will without proper traffic and engineering study indicating that control device is required. or traffic control device that will give and no markings, sign, signal or traffic establishment or modification of any affect traffic on the highway be made such markings, sign, signal or traffic (e) Not requiring 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. (f) Prohibiting parallel parking on the highway; and (g) Allowing stopping, standing or parking of a vehicle in a place prohibited by §61-8-354, MCA. (h) (1) The City will service, maintain and pay the cost of operating all improvements embraced by this agreement. As further consideration, the City agrees to accept any and all maintenance and other responsibilities pursuant to any applicable SWPPP and NOI administered by the Montana Department of Environmental Quality. These responsibilities will be accepted by the City at the time of final inspection. At that time the SWPPP will be transferred to the City, and City agrees to execute any necessary documents or take any other steps necessary for the transfer of responsibility for the SWPPP and the NOI at the appropriate time. 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 FHWA, 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 FHWA 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. (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 ordinances and/or regulations necessary and essential for the operations of the improvements as planned. (5) The City will maintain adequate tragic engineering capabilities to ensure that a continuing traffic engineering function is carried out on said project. -�} 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. Q:CPSTD: 1 40. DOC Rev. 11 /18/05 (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." 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 thereafter 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 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 by49CFR21.5. (3) Solicitations for Subcontracts Including Procurements of Materials and Eguipment: 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 (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 Q:CPSTD:140. DOC Rev. 11 / 18/05 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." (3) All video recordings produced and created under contract and/or agreement will be closed -captioned. D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED 13USINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS, 49 CFR PART 28 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 Part 28 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. O:CPSTD:140.DOC Rev. 1 '1 /18/05 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, has signed and affixed hereto the seal of the City. STATE OF MONTANA, DEPARTMENT of TRANSPORTATION M Administrator - Engineering Division Approved for Legal Content ATTEST: City Clerk , 200 CITY OF KALISPELL a Mayor Clerk of the City of Kalispell hereby certify that the above agreement was regularly adopted by the City Council at a meeting held on the day of , 200 and that the Council authorized the Mayor to sign this agreement on behalf of the Council. (Signature) 5 11 EXHIBIT A" CROSSWALK *INDICATES NO PARKING STOPPING, OR STANDING ZONES. * 2Oi ON THE APPROACH TO A CROSSWALK * 30` ON THE APPROACH TO A STOP SIGN OR SIGNALIZED INTERSECTION. CROSSWALK (MARKED OR UNMARKED) NO PARKING ZONES As Defined by MONTANA VEHICLE CODE Prepared by Department of Transportation ........:....:........ .... .