10. Resolution 4713 - Construction Agreement - US Hwy 93 Paving Project North of Washington StCity of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
REPORT TO: Mayor and City Council
FROM: James C. Hansz, P.E., Director of Public Works
SUBJECT: Construction Agreement for US 93 Paving Project North of Washington St.
MEETING DATE: June 17, 2002
BACKGROUND: About two years ago City Council authorized a change to eliminate on -street
parking on Main Street north of Washington Street and on and from there north on Sunset
Boulevard. This was done at MDT's request to facilitate reconstruction to provide a new surface
with dedicated left turn lanes at intersections. MDT has completed their project design and will
let the contract July 25`h. Prior to this there needs to be in place a construction agreement
between the City and MDT. Attached is a copy of the proposed agreement.
Public Works has reviewed the agreement and several changes were requested to simplify
and clarify passages. This agreement reflects those changes and is now recommended for your
approval.
RECOMMENDATION: Approve MDT City Construction Agreement NH5-3(82)113
ACTION REQUESTED: AT CITY COUNCIL MEETING OF June 17—MOTION TO
APPROVE CONSTRUCTIONAGREEMENT NHS-3(82)113.
FISCAL EFFECTS: None
ALTERNATIVES: As suggested by the City Council
Respectfully submitted,
City Engineer
Attachment: Agreement
June 17, 2002 MDT Construction Ageement
0 . 1 1. ,
Chris A. Kukulski
City Manager
Report compiled June 5, 2002
RESOLUTION NO. 4713
It is hereby resolved by the City Council of Kalispell that the
City Agreement of Federal Aid Project No. NH 5-3(82)113 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 on behalf of the Council of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
THIS 3RD DAY OF JUNE, 2002.
Absent
Jim Atkinson, Councilor
Robert Hafferman, Councilor
Absent
M. Duane Larson, Councilor
Hank Olson, Councilor
ATTEST:
Theresa White
City Clerk
Donald Counsell, Councilor
Randy Kenyon, Councilor
Fred Leistiko, Councilor
Jayson Peters, Councilor
Absent
Pamela B. Kennedy, Mayor
Q:CP-STD:120
Rev. 04/10/02
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:
I. 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(82)113, and
WHEREAS, the construction will be over and upon Sunset Boulevard
(US 93) beginning at the intersection with Washington Street and extends north
to the intersection with Grandview Drive, 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,
Il. 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.
Q:CP-STD:120
Rev. 04/10/02
(b) 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.
(c) 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).
(d) 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.
(e) 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.
(f) 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.
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.
2
Q:CPSTD:120
Rev. 04/10/02
(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) The City has reviewed and approved the plans.
(6) The City will continue to enforce the ordinances, laws and/or
regulations necessary and essential for the operation of the improvements as
planned.
(7) All signs required to enforce City ordinances shall be maintained by
the City.
(8) 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.
(9) That the City will continue adequate engineering capabilities to
ensure that a continuing traffic engineering function is carried out on said project.
III. 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.
(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 Eguipment: 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.
3
Q:CP-STD:120
Rev. 04/10/02
(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
(1) City will comply with all regulations relative to
implementation of the AMERICANS WITH DISABILITIES ACT.
13
Q:CP-STD:120
Rev. 04/10/02
(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."
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 2002.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
David A. Galt
Director of Transportation
By
Administrator - Engineering Division
ATTEST: CITY OF KALISPELL
City Clerk By Mayor
I. 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 , 2002; and that the
Council of Kalispell authorized the Mayor to sign this agreement on behalf of
Council.
(Signature)
5
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MONTANA DEPARTMENT OF TRANSPORTATION
FEDERAL AID PROJECT No. NH 5-3 (82) n3
MILL, PL. MIX OVERLAY, SEAT, & COVER
NORTH MAIN - KALISPELL
FLATHEAD COUNTY
LENGTH 3.0 kilometers
NO 8c
T.88 N.
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SURFACING SOURCES
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CONTRACTOR FURNISHED