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3. Approval of City/MDT Funding Agreement - Kalispell Area Transportation Plan-%f KanI I*S"" I k..."'Ity o ..,.11 Publ"c Works Dc1partm-,"%nt .host Office Box 1997. .Kil, M - - Fax (406)758-7831 RF,' R'T TO: Mayor and City Council FROM: James C. Hansz, P.E., Director of Public works SUBJECT: Kalispell Area Transportation Plan — Clity/MDTFunding Agreement MEETING DATE: November 21,2005 ACKGR LWD: The City has budgeted $75,000.00 in the current fiscal year to fund its share of costs to update the :Kalispell Area Transportation 'Plan. The City will partner with the Montana Department of Transportation on this project. The first step toward completion oftheproject is to establish a funding agreement between the City and MDT. A. draft agreement, copy attached, has been reviewed by the City Attorney and no issues were identified. The funding agreement identifies in general terms the area for the work to be performed, the duration of the agreement, ent, compensation, time of performance, a scope of work to be accomplished, legal references related to Federal Civil Rights legislation that apply to this joint venture, and other procedural items. This funding agreement anticipates the City will issue and administer the consulting contract for the project. Advertisement for qualified consultants will be done after the funding agreement with MDT is approved, The anticipated cost of the project is $ l ,.. RECOMMENDATION: Approve the City MDT funding agreement for the Kalispell Area Transportation Plan Update. ACTION REQUESTED: -MOTION TO APPROVE CITYIMDT FUNDING A GREEMENT. FISCAL 'FECES: Expenditure of up t $1.50,000.00 with one-half, $75,000.00 to be reimbursed b MDR' under the terms of this agreement. ALTERNATIVES: As suggested by the City COUDC11 Respectfully submitted, 3 P.E. Director of public works City Engineer November 21, 2005 C it s-MDT Funding Agreement. do ..es H. Patric City Manager Funding Agreement Kalispell Urban Transportation Plan Update This Agreement is made and entered into by and between the City of Kalispell (LOCAL AUTHORITIES), and the Montana Department of Transportation (DEPARTMENT). The parties to this Agreement acknowledge the fallowing: L Purpose of Agreement This agreement documents ffinding responsibIlities for the update of the Kalispell Urban Transportation flan for the area shown in Exhibit A. The scope of the update is described in Exhibit B. 2, Time of Performance The term of this agreement will be from the signing of this agreement. until September 30, 2007 unless terminated before that date as provided in Sect . n 9 below. Cmpmsati.o. The project will be funded by the LOCAL AUTHORITIES and DEPARTMENT based on the following financial allocations. City Funds 0 $75,000 MDT Funds 50%) $751P00 Total $1 S 0,000 The LOCAL AUTHORJTIES will not reduce its share of the project cost unless here is a proportional cost reduction to the DEPARTMENT. The totem payment to the LOCAL AUTHORITIES to complete the plan update shall not exceed the above funding. Any increase In project cosh must be agreed to beforehand in writing and must be borne proportionately. 'rhe LOCAL AUTHORITIES will submit invoices for payment along with a letter approving payment and supporting docwnentat on substantiating the amount requested to Sheila :Ludlow, Statewide & Urban Plaming Section, Transportation Planning Division, Montana Department t of Transportation, 2701 Prospect Avenue, Helena, MT 59620. DEPARTMENT funds will be used to reimburse the LOCAL AUTHORITIES for costs attnbut hle to the transportation study. The DEPARTMENT .has the authority to review and approve payment of the invoices submitted by the LOCAL AUTHORITIES. Reimbursement will not be made for any costs not clearly and accurately supported by the LOCAL AUTHORITIES" records and not submitted within sixty days of the date originally incurred. The DEPARTMENT reserves the right to withhold l 0 of its proportionate sham of the total project cost until all supported claims filed with the DEPARTMENT have been. settled. . Liaison The liaison person for the DEPARTMENT is Sheila Ludlow, Statewide & Urban Planning Section, Transportation Planning .Division. The liaison person for the LOCAL AUTHORITIES is James C. Hansz, P.., Director of Public Works City Engineer. All reports, Partial and final payment requests, and coordination of activities will be submitted to the Transportation Planning Division for acceptance by the DEPARTMENT, . Ownership of Documents All notes, calculations, computer runs, specifications, reports, special studies, and other data prepared or collected under this agreement will become the property of the LOCAL AUTHORITIES upon completion of the study. The LOCAL AUTHORITIES will provide a copy of the completed study to the DEPARTMENT upon completion of the study. . Access to Records It is expressly understood that the FOCAL AUTHORITIES are required to maintain reasonable records of their performance and .further to allow access to these records by MDT and the Montana Legislative Auditor and Legislative Fiscal Analyst when required by law. 7. LOCAL AUTHOR11JES will require any subcontractor performing work under this agreement to provide proof ' of the following insurance coverage prior to the date upon which work is to begin. The proof of insurance or exemption must be valid. for the entire agreement period. a. Comprehensive general liability insurance, including vehicle liability insurance, with limits acceptable to the LOCAL AUTHORITIES. b. Workers Compensation Insurance coverage valid in. the State of Montana or proof of exemption thereof . Nondiserminato The LOCAL AUTHORITIES will require during the performance of any work arising out of this agreement, that the LOCAL AUTHORITIES., for itself, 'Its assignees and successors shall comply with all nondiscrimination regulations show. in Exhibit "C"'. . Termination This agreement may be terminated for convenience by either party by that party nailing or faxing; a written notice of termination to the other's liaison person. The DEPARTMENT may also terminate this agreement for default. If termination occurs due to default, the notice shall state the manner ner of the default, and offer the LOCAL AUTHORITIES an opportunity to explain the non-performance, If the DEPARTMENT finds that the LOCAL AUTHORITIES has a reasonable excuse for non-performance, which is beyond the control of the LOCAL AUTHORITIES, the DEPARTMENT may set up a new work schedule to allow the completion of the agreed upon work. In any termination, the DEPARTMENT will make is contractual payments proportionate to the wort . performed at the time of ter ination and the LOCAL AUTHORITIES shall account for any property in its possession paid for With funds received from the DEPARTMENT or supplicd to it by the DEPARTMENT. 10. Litigation Controversy arising from this agreement may result in litigation. Arbitration, unless agreed to in writing and pursuant to law, is not available. 11, venue n the event of .litigation coneeming this agreement, venue shall he in the District Court of the First Judicial District of the State of Montana in and for the County of Lewis and Clark. This agreement shall he interpreted according to Montana law. 12. Agreement Modification .any change in this agreement will be by written agreement of the parties. 13. Notice All notices an*sing out of. or from. the provisions of this agreement shall he in writing and given to the parties at the address of the party above, either by regular mail or delivery in person. 1.4. Severability and Integration 1f any single part, or parts, of this agreement are determined to be void, the remaining parts will remain valid and operative. This a reement, as Witten., expresses the total, final and only agreement of the parties relevant to its subject matter. No provision, expressed or implied, arising from and prior oral or written request, bid, inquiry,, , negotiation, contract, or any other form of communication shall he a provision of this agreement unless specs leally provided within the written terms herein. IN WITNESS WHEREOF,, the parties hereto have caused this agreement to be executed. City of Kalispell Date: .2005 City Manage` STATE OF M N 'ANA - DEPARTMENTTRANSPORTATION Date: , 25 Transportation Planning Division Approved for Legal Content: 3y' .CDT Legal Services Approved for Civil Rights Content: MDT Civil Rights * P DO ► x �'�� _ 4,uiT Y*W f 4 lV. ���� #iil# :'c' :a '�# t -'R$ n. r os 44 �} m#.w?.i.`.i,iY # Y'r.� •fig"~:". ��� '/ I •-1 � �IitRrTTa+Y#.�",SS! �YF#�'+'! .ft'r=-s��`*'���_ �`� 'Y'"' Y'"'Z#��}-�"� �����}. / �y q�•[_ � �rt� gulf rw i � �iwY:Y� � � �.' >Sk` �,p� sr.' ; {':... :y�lJ'; > : _.,.. , r�;,,,::::="`;', �: ;.. �, M '.'y�➢m�°". ,mot. x..i `"• � ae•._ f �:''�:: f'�pty., .:. '-- ...-•�y: y„� rya J/frfXr FfR ',v �rrrffr€_• s.#i:-F- 44ri-^` .<a.: �13 �,:. �s!#� } NIq 7-. f::T , nfl •.aY.r::11�!.'�',s`� 'low- yam] _ r+ �._*' • *� wa F,i*�,l NA t __."_M1 E { yF- NO— MIF�a«::�Ci=r� ■ f�y. %�' �,�.. iSr{R ,. r.1 #-t�}%4:}~•�.rf 1, kw �+.v�#�• fyY '�ti i �Llxts 'fir � *• t r. r- �*i ...:.}}M1 f s - i �.,0®1i - Zl+rik� if ,iFi {..- =+`'fit•` �.�R �wk� ..'fw.#ice yE.? n°�+ : '}:''1} .i' „7p�f "�. Ys'.v¢ w -Ai To pe 41 •p r�'. !� �+ 'f� - ��,l` Wot ' py,'- �. '� `v: ,.; `. mot_ -.. 6� J*],. # " � y#r►�: .: � { � +� � .-ram-+?{�!, Y4 � 4 w � A 00/0 fir WO ralt Fa lit 19110, �� ♦ � Yrn � �� 4FY �� E - _ _ _♦ x .agpE _ !. z�,,.3 #`JCS[. AilF�y�R+IL ,i•:vfr•. +}�..:.r. _ ___}, :y'' rw f I # �-----------llll -• �R'=...+{,f l.r. ,aY:µ.„J Is:'+_4,.�±.=-_ . �p a.BE' T "E' KALISPELL AREA TRANSPORTATION PLAN — 2 5UPDATE Agreement Exhibit GENERAL SCOPE: The primary purpose of the updated plan is to achieve the following objectives: e Coordinate transportation planning with existing and future land use and community comprehensive plans. 0 Improvement of regional transportation circulation and identify primary travel demands. Promote a safe, reliable transportation network. . Identify 'improvement pri*orities, strategies and policies. Identify funding sources and implementation process. OTHER ITEMS • Planning horizon is 20 year 02 . 0 City and County will inventory existing plans, policies and data that need to be considered in the update. Consider all of the following modes in the update; vehicle, pedestrian, bicycle, and transit. • Consider a chapter on access management., approach ordinance and approach permitting. • Identification of Stakeholders. Outline a public involvement plan. Identification of capital improvements and an implementation play. Potential transportation system management (TSM) improvements such. as signal synchronization, new signals, turning bays, one-way street desig nation. etc. • MDT will develop base year model and. perform model :ems. Consultant will review the base year model, coordinate development of the f t r land -use forecasts With the local government, identify alternative model runs to b performed by MDT, analyze and report on model results. * Consultant will review and analyze existing data and reports, and supplement as neededidentify problems, develop and analyze alternatives, implement public involvement plan, id nt1f� improvements and an implementation plan, prepare draft and final reports. DELIVERABLES Completed flan Update Document (bound hard copies) All electronic files Presentation materials for Public Meetings SCHEDULE: NON- ISCRtM NATION NOTICE EXHIBIT 46C1) Du ng the performance of this Agreement, the LOCAL AUTHORITIES (hereafter in this Section "the Party""), 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 Party 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 Party, With regard to the work performed by it during the Agreement, shall not discrimmate on the grounds of sex, ranee, color, or national origin in the selection and .retention of subcontractors, including procurement of materials and leases of equipment. ent. The Party shall not participate either directly or indirectly in the discrimination prob.i.bited by 49 CPR 21.5. (3) Solicitations for Subcontracts Including Procurement of Materials and Equipment: In all solicitations, whether by competitive bidding or negotiation by the Party for work to he performed under a subcontract, including procurement of materials or leases of equipment, any potential subcontractor or supplier sb.all be notified by the Party of the Patty's obligations under this Agreement and the Regulations relative to nondi s crimi n.ati.on. (4) Information and Reports: The Party will provide all reports and informati Ti required by the .regulations, or directives issued pursuant thereto, and permit access to its bons, records, accounts, other sources of information and .its facilities as may be determined by State or the Federal Highway Administration WA to be pertinent to ascertain compliance with Regulations or directives. Where any information re ui.red of the Local .Agency is 1n the ecl.usi.re possession of another who fails or refuses to famish this information, the Party shall so certify to the Department or the `HWA as requested, setting forth what efforts it has made to obtain the information. (5) Sanctions for No.ncoMfiance; In the event of the Party's noncompliance with the nondiscrimination provisions of this Agreement, State may impose sanctions as it or the FHWA determines appropriate, inclndin.g, but not limited to, (a) Withholding payments to the Party -under the Agreement until the Party complies, and/or (b) Cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: The Party Will include the provisions of paragraphs 1 through in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Party will take such action with respect to any subcontract or procurement as the State or the FHWA may direct to enforce such provisions including sanctions for noncompliance: Prov.ded, hoever� that in the event the Party is sued or is threatened with litigation by a subcontractor or supplier as a result of such direction, the Party may request the Mate to enter into the litigation to protect the interests of the State, and, in addition, the Party or the State may request the United. States to ester 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 n accordance with sect or . -, MCA., the Party agrees that for this Agreement all hiring will be made on the basis of merit and qualifications cations 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) The Party will comply with all regulations relative to implementation of the AMERICANS WITH DISABILITIES ACT. (2) The Party will incorporate or communicate the intent of the following statement in all publications, announcements, video recordings, course offerings or other program outputs: " he Pam 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 Party. In the case of documents, recordings or verbal presentations, alternative accessible formats will be provided. For further information call the arty." S. 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 Party (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The Party, s b.recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Party shall carry out applicable requirements of 49 C. R Part 26 in the award and administration of DOT -assisted contracts. Failure by the Party 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.