04. Resolution 4857 - Construction Agreement for Hwy 93 S Reconstructions rCity of Kalispelllip Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 -Telephone ( 06)758-7720, Fax (406), $-7831
REPORT TO: Mayor and City Council
FROM: James C. Hansz, P.E., Director of Public Works
SUBJECT: Construction Agreement for US 93 South Reconstruction.
MEETING DATE: December 15, 2003
BACKGROUND: Many years ago MDT began the process of designing improvements to US 93 south
of Kalispell from Ashley Creek into town at Twelfth Street. This project has finally reached the point
where a construction contract will be let in January of 2004. Prior to this there needs to be in place a
construction agreement between the City and MDT. Attached is a copy of the proposed construction
agreement.
Public Works and the City Attorney have reviewed the agreement and many changes were
requested to simplify and clarify passages. This agreement reflects those changes and is now
recommended for your approval. It should be noted that this is the first of three separate agreements
required for this complex project, An agreement for the cooperative effort to install City -owned utilities in
conjunction with the highway construction is also ready for signature, and a standard utility agreement
covering those existing City facilities that will be relocated at MDT expense as part of the highway
construction is now being finalized by MDT and will be brought before the City Council as soon as it is
complete.
RECOMMENDATION: Approve MDT ] City Construction Agreement for Federal Aid Project NH5-
3(66)109F
ACTION REQUESTED: AT CITY COUNCIL MEETING OF DECEMBER 15 — MOTION TO
APPROVE THE CONSTRUCTIONAGREF„ItTENT FOR FAPNH5-3(66)109F.
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by the City Council
u sub
Hansz, 7.E,1 Chris A. Kukulski
Of Public Works-4 City Engineer City Manager
Report compiled December 9, 2003
Attachment: Agreement
December 15, 2003 MDT US 93 South Construction Agreementdoc
RESOLUTION NO.485'7
A RESOLUTION AUTHORIZING THE MAYOR OF KALISPELL TO EXECUTE THE
CITY AGREEMENT OF FEDERAL AI.D PROJECT NO. NH 5-3(66)109 WITH THE
STATE OF MONTANA.
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. NH
5-3(66)109;and
WHEREAS, the construction will be over and upon U.S. Route 93 from Ashley Creek (RP 1089)
to 12th Street in Kalispell (RP 111.6); 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. NH 5-3(66)109 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 15TH DAY OF DECEMBER, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
CITY
CONSTRUCTION AGREEMENT
STATE MAINTAINED ROUTES
THIS AGREEMENT, 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:
1. THAT, 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 5-3(66)109 F, and
WHEREAS, the construction will be over and upon U.S. Route 93 from
Ashley Creek (RP 108.9) to 121" Street in Kalispell (RP 111.6) and
WHEREAS, the State desires to receive Federal funds to construct the
highway, 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, hereinafter set forth, and
WHEREAS, this document must be duly executed and on record with the
State and Federal Highway Administration 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 uniform traffic code as outlined 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.
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(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," 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.- ations: 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.
(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
(3) Solicitations for SubcontractsIncluding 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 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.
(ADA)
C) COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
0
(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."
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.
19
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 of Kalispell, has signed and affixed hereto
the seal of the City.
DATED this day of , 2003.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
David A. Galt
Director of Transportation
ministrator - Engineering Division
ATTEST: CITY OF KALISPELL
By
City Clerk Mayor
1, Clerk of the City of Kalispell,
hereby certify that the above agreement was regularly adopted by the Council of
Kalispell at a meeting held on the day of , 2003; and that the
Council of Kalispell authorized the Mayor to sign this agreement on behalf of
Council.
(Signature)
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