1. Resolution 4877 - Construction Agreement for Center Street Pavement MaintenanceKalispellt-,ity of
Post Office Box 1997, Kalispell, l on ia 5994 3-1.997 -Telephone (406)758-772€1, Fax (406)758-7831
REPORT TO: Mayor and City Council
FROM: James C. Hansz, P.E., Director of Public Works
SUBJECT: Construction Agreement for Center Street and Second Street Pavement Maintenance
MEETING DATE: April 19, 2004
BACKGROUND: Several years ago in an effort to assist local governments, MDT indicated an interest
in performing certain pavement maintenance on Urban System roadways that had previously been the
responsibility of local government to maintain. The City nominated several potential projects for
consideration and MDT has agreed to do pavement maintenance overlays and chipseal on Center Street
from Meridian Road to Woodland and on Second Street from Meridian Road to Third Avenue East. The
overlay portion will extend from Meridian Road to Fifth Avenue West on Second Street and from Fifth
Avenue West to Main Street on Center. The streets will receive chipseal cover for the length of the
project. Work will also include some curb and gutter around intersections as well as pavement markings.
The attached Construction Agreement is the standard agreement between MDT and local
governments and has been part of previous cooperative efforts vuith the State.
RECOMMENDATION: Approve MDT 1 City Construction Agreement for Projects CM
67I4(4) and CM 6715(1).
ACTION REQUESTED: AT CITY COUNCIL MEETING OFAPRIL 19 —MOTION TO APPROVE
THE CONSTRUCTIONACREEMENT FOR CM 6714(4) AND CM 671 S(1).
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by the City Council
C. Hansz, P.E. Chris A. Kukulski
Director of Public Ny6rks I ty Engineer City Manager
Report compiled April 12, 2004
Attachment: Agreement
April 19, 2004 MDT Center and second street Construction AgreonejA Am
RESOLUTION NO.4877
A RESOLUTION AUTHORIZING THE MAYOR OF KALISPELL TO EXECUTE THE
CITY AGREEMENT OF FEDERAL AID PROJECT NOS. CM 6714(4) AND CM 6715(1)
WITH THE STATE OF MONTANA, ACTING BY AND THROUGH THE
DEPARTMENT OF TRANSPORTATION.
WHEREAS, the State of Montana proposes to reconstruct a certain highway in and through the
City, the construction being known as Federal Aid Project Nos. CM 6714(4) and
CM 6715(1); and
WHEREAS, the construction will be over and upon Center Street from Meridian Road to
Woodland Avenue and 2nd Street from Meridian Road to 3rd Avenue East; and
WHEREAS, the State of Montana desires 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 City Agreement of Federal Aid Project No. CM 6714(4)
and CM 6715(1) 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 AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 19TH DAY OF APRIL, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk.
KALISPELL
CONSTRUCTION AGREEMENT
STATE -MAINTAINED ROUTES
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 proposes to construct and/or reconstruct a certain highway
in and through the City, the construction being known as Federal Aid Project No. CM
6714(4) and CM 6715(1), and
WHEREAS, the construction will be over and upon Center Street from Meridian Road to
Woodland Ave. and 2nd St. from Meridian Road to 3 Ave. East, and
WHEREAS, the State desires to receive Federal funds to construct the highway, and
WHEREAS, the Federal Highway Administration (FHWA) 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
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 Montana traffic laws 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.
(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 will 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 vehicle on a sidewalk, in front of a public or
private driveway, within an intersection, on a crosswalk, 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 upon the approach
to any flashing beacon, stop sign, or traffic control signal located at the side of 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, should such a structure exist or be
built.
(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
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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 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.
(8) All signs required to enforce City ordinances shall be maintained by the
City.
(9) The City shall maintain or cause to be maintained the sidewalks bordering
the project. The term "maintained" does not include the clearing of snow and ice, which
will continue to be controlled by City ordinance.
(10) That the City will continue adequate engineering capabilities to ensure that
a continuing traffic engineering function is carried out on said 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.
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(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 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.'
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D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED
BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL
ASSISTANCE PROGRAMS, 49 CFR §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, sub recipient 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.
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.
aP
DATED this 6 " day of d P.Q 1 L , 2004.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
David A. Galt
Director of Transportation
F
By
Administrator - Engineering Divi iono 6viwe
ATTEST: CITY OF Kalispell
City By Clerk Mayor
I, Clerk of the City of Kalispell, certify that the
above agreement was regularly adopted by the Council of Kalispell at a meeting held on
the day of , 2004; and that the Council of Kalispell authorized the
Mayor to sign this agreement on behalf of Council.
(Signature)
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I SIDEWALK
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" EXHIBIT A"
MID -BLOCK CROSSWALK
*INDICATES NO PARKING.
STOPPING, OR STANDING
ZONES.
* 20'ON THE APPROACH
TO A CROSSWALK.
-X 30' ON THE APPROACH TO
A STOP SIGN OR SIGNALIZED
INTERSECTION.
CROSSWALK
(MARKED OR UNMARKED)
I/ SIDEWALK
£ n __uFIRE HYDRANT
NO PARKING ZONES
As Defined by
MONTANA VEHICLE CODE
Prepared by Department of Transportation
CM 6714(4)
CENTER STREET — KALISPELL
COVER MATERIAL
In addition to Subsection 409.03.13 perform the following extra work:
Pick up all excess material, haul and stockpile it in the MDT maintenance yard in
Kalispell. Stockpile the material at a designated area in the maintenance yard.
Just prior to and during the brooming of excess cover material wet the road surface
sufficiently to eliminate dust.
Include wetting of the roadway surface, pick up, hauling and stockpiling the excess cover
material in the contract price per cubic meter of cover material.
MANHOLE AND WATER VALVE RISERS
The city of Kalispell will provide and 'install any riser to adjust water valves and
manholes for this project. Coordinate work with the city to accomplish this. Contact
Leonard Hogan (406-758-7723) with the city of Kalispell at least two weeks prior to
beginning work.
TRAFFIC CONTROL
Schedule construction operations in a manner, which will assure that:
(1) The safety and convenience of motorists and pedestrians, and safety of
construction workers are adequately met at all titres.
(2) The progress of the project is completed in a manner most beneficial to the
project as a whole.
A. Traffic Control
_Accomplish and pay for traffic control in accordance with Section 618 of the
Standard Specifications and the "Traffic Control Rate Schedule" found elsewhere
in this proposal.
B. Sequence of Operations
In addition to the requirements of Section 108.04 the contractor will schedule his
operations in sequence outlines below to provide the least amount of
inconvenience possible to the traveling public.
(1) Seal and Cover Operations
Apply the seal coat to one driving lane at a time. Prevent traffic from
driving on the seal coat by placing road closed signs and/or using flag
persons. Apply a double application of cover material at all public
intersections and other designated approaches by the engineer.
Do not permit traffic on the seal and cover lane until approved by the
engineer. Place 15 MPH and no parking signs along this section of road
until the lanes have been swept clean of loose chips.
COLD MILLING
Mill connections to the PTW as shown in the detail.
Mill next to curb and gutter and along the shoulder as shown in the detail
Haul the approximately 152 cubic meters of the millings to the Kalispell City
maintenance yard located at 1400 1" Ave W in Kalispell. Contact Leonard Hogan (406-
758-7723) with the city of Kalispell.
Measurement and payment is at the contract price per square meter of cold milling and
includes milling, hauling, stockpiling, labor and all equipment necessary to complete the
work.
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2"d — MERIDIAN TO 3rd AVE E - KALISPELL
COVER MATERIAL
In addition to Subsection 409.03.13 perform the following extra work:
Pick up all excess material, haul and stockpile it in the MDT maintenance yard in
Kalispell. Stockpile the material at a designated area in the maintenance yard.
Just prior to and during the broorning of excess cover material wet the road surface
sufficiently to eliminate dust.
Include wetting of the roadway surface, pick up, hauling and stockpiling the excess cover
material in the contract price per cubic meter of cover material.
MANHOLE AND WATER VALVE RISERS
The city of Kalispell will provide and install any risers to adjust water valves and
manholes for this project. Coordinate work with the city to accomplish this. Contact
Leonard Hogan (406-758-7723) with the city of Kalispell at least two weeks prior to
beginning work.
TRAFFIC CONTROL
Schedule construction operations in a manner, which will assure that:
(1) The safety and convenience of motorists and pedestrians, and safety of
construction workers are adequately met at all times.
(2) The progress of the project is completed in a manner most beneficial to the
project as a whole.
A. Traffic Control
Accomplish and pay for traffic control in accordance with Section 618 of the
Standard Specifications and the "Traffic Control Rate Schedule" found elsewhere
in this proposal.
B. Sequence of Operations
In addition to the requirements of Section 108.04 the contractor will schedule his
operations in sequence outlines below to provide the least amount of
inconvenience possible to the traveling public.
(1) Seal and Cover Operations
Apply the seal coat to one driving lane at a time. Prevent traffic from
driving on the seal coat by placing road closed signs and/or using flag
persons. Apply a double application of cover material at all public
intersections and other designated approaches by the engineer.
Do not permit traffic on the seal and cover lane until approved by the
engineer. Place 15 MPH and no parking signs along this section of road
until the lanes have been swept clean of loose chips.
COLD MILLING
Mill connections to the PTW as shown in the detail.
Mill next to curb and gutter and along the shoulder as shown in the detail
Haul the approximately 271 cubic meters of the millings to the Kalispell City
maintenance yard located at 1400 1" Ave W in Kalispell. Contact Leonard Hogan (406-
758-7723) with the city of Kalispell.
Measurement and payment is at the contract price per square meter of cold milling and
includes milling, hauling, stockpiling, labor and all equipment necessary to complete the
work.
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