1. Resolution 5284 - Construction Agreement2y..v
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u Post Office Box 1997 Kalispell, Montana 59903-1997 - Telephone 406 758-7720, Fax 406 758-78' 1
REPORT TO: Mayor and City Council
FROM: James C. Hansz, P.E., Director of Public Works
SUBJECT: Construction Agreement — Federal Aid Project No. HSIP 6715(4)
MEETING DATE: June 30, 2005
BACKGROUND: During 2008 MDT plans to complete highway safety improvements to the intersection
of Woodland Avenue and Second Street East consisting of pavement markings and signage changes.
These changes Will improve safety for motorists passing through this intersection.
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. HS1P
6715(4)
ACTION REQUESTED: AT CITY COUNCIL SPECIAL MEETING JUNE 30 — APPROVE
RESOLUTION 5254.
FISCAL EFFECTS: None
ALTERNATIVES: As suggested by the City Council
Respectfully submitted
s (Y. Hansz, P.E.
Director of Public Works 1 City ngineer
Attachment: Agreement
June 262008 Woodland and Second Construction Agreement.doc
ames .Patrick
City Manager
RESOLUTION NO. 5284
A RESOLUTION AUTHORIZING THE MAYOR OF KALISPELL TO EXECUTE THE
CONSTRUCTION AGREEMENT OF FEDERAL AID PROJECT NO, HSIP 6715 (4)
WITH THE STATE OF MONTANA, 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 Federal Aid Project No.
HSIP 6715 (4); and
WHEREAS, the construction will be over and upon Urban Route 6715 (2nd St. E./Conrad
Drive); and
WHEREAS, the State and 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 the
certain conditions set forth in the subject Construction Agreement.
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. HSIP
6715 (4) 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
26TH DAY OF JUNE, 2008.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa white
City Clerk
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HSIP 6715(4), SF 069 —PAVE MARK — 2ND ST E — KAL
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.
11'U'TN ESSETH THAT:
I. 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. HSI P
6715(4), more specifically described as follows: Proposed improvements consist of revising
pavement markings at the intersection so that northbound traffic is positioned to have an
improved view of eastbound and westbound traffic. All signing will be upgraded at the
intersection, and
WHEREAS, the construction will be over and upon Urban Route 6715 (2nd St. E./Conrad
Dr.), and
WHEREAS, the State and City desire 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,
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 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) Installation of 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 above -mentioned street (avenue);
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(c) Establishing a speed limit of less than thirty-five (35) miles per hour outside
an urban district on the highway.
(d) Erecting any markings, sign, signal or traffic control device that will give
preference to. local routes which intersect with the highway; and no markings, 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 proper traffic and engineering study indicating that such markings, sign, signal or traffic
control device is required.
(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.
M 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 Nol
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 Nol 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," that 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) (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 adjacent to the
intersection of 2nd St. E./Conrad Dr. The city may, in its discretion, enforce state laws and its
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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 there 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.
(6) The City will maintain adequate traffic engineering capabilities to ensure that a
continuing traffic engineering function is carried out on the project.
(7) 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 road except upon the execution of the
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encroachment application and permit as issued by the State.
(8) 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."
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
(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
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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 tali 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.
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IN WITNESS WHEREOF, the Director of Transportation'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
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Administrator-neering�Division
ATTEST:
City Clerk
CITY OF KALISPELL
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Mayor
11:
, Clerk of the City of Kalispell, certify that the above
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)
" EXHIBIT A"
CROSSWALK
*INDICATES NO PARKING.
STOPPING -,OR STANDING
ZONES,
* 201ON THE APPROACH
TO A CROSSWALK.
4 3O' ON THE APPROACH TO
A STOP SIGN OR SIGNALIZED
INTERSECTIO N .
CROSSWALK
(MARKED OR UNMARKED)
NO PARKING ZONES
As Defined by
MONTANA VEHICLE CODE
Prepared by Department of Transportation