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04. Resolution 4324 - Construction Agreement - Improvements to Traffic SignalsREPORT TO: Mayor and City Council FROM: James C. Hansz, P.E., Director of Public Works SUBJECT: Construction Agreement —Federal Aid Project No. NH 5-2(149)60 MEETING DATE: 17 November 2008 BACKGROUND: MDT plans to complete improvements to three intersection traffic signals on US 93 to enhance left -turn movements through the intersections. The intersections are: US 93 at Conway Drive, US 93 at Sunny View Lane, and US 93 at Northridge Drive. The work will result in exclusive left turn. phases (Southbound) for Conway and Sunny View, and at Northridge Drive (northbound and southbound). This project will require no financial participation by the City. Public Works and the City Attorney have reviewed the agreement and found it to be satisfactory in all respects. RECOMMENDATION: Approve MDT/City Construction Agreement for Federal Aid Project No. NH 5-2(149)60 ACTION REQUESTED: AT CITY COUNCIL MEETING OF NOVEMBER 17 — MOTION TO APPROVE CONSTRUCTION AGREEMENT FOR FEDERAL AID PROJECT No. NH 5- 2(149)60 FISCAL EFFECTS: None ALTERNATIVES: As suggested by the City Council su Tames C. Hansz, P.E. Director of Public Works / Attachment: Agreement AyOV/eb Interim City Manager 201 I" Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831 www.kalispeAcom RESOLUTION NO.5324 A RESOLUTION AUTHORIZING THE MAYOR OF KALISPELL TO EXECUTE THE CONSTRUCTION AGREEMENT OF FEDERAL AID PROJECT NO. NH 5-2(149)60 WITH THE STATE OF MONTANA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION. WHEREAS, the State of Montana proposes to construct and/or reconstruct certain highway improvements in and through the City, the construction being known as Federal Aid Project No. NH 5-2(149)60; and WHEREAS, the construction will be to modify/upgrade the signalized intersections of US-93 and Conway Drive, US-93 and Sunny View Lane, and US-93 and Northridge Drive by adding exclusive left turn phases in order to improve safety and operation, and WHEREAS, the State of Montana desires to receive Federal 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 I. It is hereby resolved by the City Council of the City of Kalispell that the Construction Agreement of Federal Aid Project No. NH 5-2(149)60 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 17TH DAY OF NOVEMBER, 2008. Pamela B. Kennedy Mayor ATTEST: Theresa White City Cleric Q:CP-STD:120.DOC Rev. 9/25/08 NH 5-2(149)60 US 93 Left Turn Phase Signal Modifications CONSTRUCTION AGREEMENT STATE -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: I. 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. NH 5-2(149)60, and WHEREAS, the construction will be over and upon to modify/upgrade the signalized intersections of US-93 and Conway Dr., US-93 and Sunny View Ln., and US-93 and Northridge Dr. by adding exclusive left turn phases in order to improve safety and operation, and WHEREAS, the State desires to receive Federal 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 them, 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 60-2-110, MCA, and WHEREAS, the City desires to have the construction done, the City deeming it to be a valuable and beneficial consideration, If. 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 regards to Chapter 8 of Title 61, MCA, and will not take 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) Installing any signs, signals, or markings not in conformance with the Standards approved by the FHWA pursuant to 23 USC §109(d). (b) Establishing a speed limit less than twenty-five (25) miles per hour in any urban district on the highway. (c) Establishing a speed limit of less than thirty-five (35) miles 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 is made at the request of the State. Q:CP-ST©:t 20.©OC Rev. 9/25/08 (d) Erecting 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. (e) Erecting 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) Not requiring 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, it 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. (g) Prohibiting parallel parking on the highway; and (h) Allowing stopping, standing or parking of a vehicle in a place prohibited by §61-8-354, MCA. (i) 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. (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," that 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. (7) The City will continue to enforce the ordinances, laws and/or regulations necessary and essential for the operation of the improvements as planned. K Q:Cp-STD:120.DOC Rev. 9/25/08 (8) All signs required to enforce City ordinances shall be maintained by the City. (9) Sidewalk Maintenance. a. Upon completion of the project, and at no cost to the State, the City agrees to assume full responsibility for and control of maintenance of the sidewalks bordering the project. Specifically, the City will maintain or cause to be maintained the sidewalks at the intersections of US Highway 93 and Conway Drive, US Highway 93 and Sunny View Lane, and US Highway 93 and Northridge Drive. The City may, in its discretion, enforce state laws and its local ordinances, if any, to recover all costs associated with its sidewalk maintenance activities from persons or entities who own property adjacent to the sidewalks and/or who receive the benefit of the maintenance performed. b. The City will maintain or cause the maintenance of these sidewalks in good, safe and substantial condition and repair for the useful life of the sidewalks and may require the abutting property owner to see that all breaks and unsoundness of any character resulting from natural deterioration or from any cause whatever, are repaired. City agrees that the maintenance responsibility is in effect until the sidewalks are reconstructed as provided in paragraph c. unless otherwise agreed to by the parties. c. If at any time, the City believes that the useful life of any of these sidewalks has come to an end - i.e., that reconstruction is the most reasonable economic alternative - it shall promptly notify the State in writing of its determination and the engineering basis therefor. Upon receipt of the written notice, the State shall respond in writing within thirty (30) calendar days to the City's determination that reconstruction is the most reasonable economic alternative for continued maintenance or repair of a sidewalk. If, after notification, the State agrees that reconstruction of all or any portion of the sidewalk is the most reasonable economic alternative, the City's duty to maintain the sidewalk shall terminate. If, after notification, the State disagrees that reconstruction is the most reasonable economic alternative, the State may, within an additional thirty (30) calendar days, obtain another opinion from an independent engineer at State expense. If that engineer determines that reconstruction is the most reasonable economic alternative, the City's duty to maintain the sidewalks shall terminate until the reconstruction is completed or as otherwise agreed to by the parties. d. The State agrees to protect, indemnify, defend and save harmless the City against and from all claims, liabilities, demands, causes of action, judgments (with any costs and fees that might be awarded), and losses to them arising in favor of or asserted by any person or entity on account of personal injury, death or damage to property arising out of, in connection with, or incidental to a defect in the State's original design or original construction of the project (including, but not limited to, a defect in the State's original construction or original design of the sidewalks bordering the project as described above). Regardless of any insurance coverage, or any stated position of its insurance carrier, the City agrees to protect, indemnify, defend and save harmless the State and Department of Transportation against and from all claims, liabilities, demands, causes of action, judgments (with any costs and fees that might be awarded), and losses to them arising in favor of or asserted by any person or entity on account of personal injury, death or damage to property arising out of, in connection with, or incidental to the maintenance of the subject sidewalks. e. This section does not supersede, discharge, or extinguish any prior agreement between the parties, nor will any future agreement between the parties supersede, discharge, or extinguish this agreement, unless by specific reference and in clear terms. 3 Q:CP-STD:120.DOC Rev. 9/25/08 (10) The City will continue adequate engineering capabilities to ensure that a continuing traffic engineering function is carried out on the 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, 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 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 whole or in part. (b) cancellation, termination or suspension of the Agreement, in G! Q:CP-STD:120.DOC Rev. 9/25/08 (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." (3) All video recordings produced and created under contract and/or agreement will be closed -captioned. D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS, 49 CFR 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 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. 5 Q:CP-STD:120.DOC Rev. 9/25/08 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. STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION a Administrator - Engirdring Division for ATTEST: City Clerk CITY OF Kalispell 2 Ka- 6: Mayor 1, , Clerk of the City of Kalispell, hereby certify that this agreement was regularly adopted by the City Council at a meeting held on the day of on behalf of the Council. 2008; and that the Council authorized the Mayor to sign this agreement (Signature) 0 rr EXHIBIT A" 0 N Y ,,vim MID —BLOCK CROSSWALK *INDICATES NO PARKING STOPPING, OR STANDING ZONES. ` ` * 20' ON THE APPROACH r �G e* TO A CROSSWALK. * 30' ON THE APPROACH TO A STOP SIGN OR SIGNALIZED W * INTERSECTION, w co CROSSWALK (MARKED OR UNMARKED) I SIDEWALK 21-_ 0 �E _ I I 20iE 1 t 30, * I I I SIDEWALK I C_nAll v p\� i & FIRE HYDRANT �k in NO PARKING ZONES As Defined by MONTANA VEHICLE CODE Prepared by Department of Transportation E;