E/3. Resolution 4630 - Addendum to Construction AgreementN.
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758
REPORT TO: Honorable Mayor and City Council
FROM: Michael Baker, Director of Parks & Recreation
SUBJECT: Highway 93 & Idaho - four corner beautification
MEETING DATE: June 18, 2001
BACK GROUND: The original agreement with MDT for the Main and Idaho
reconstruction project inadvertently excluded maintenance
responsibilities of the park areas at Main and Idaho. As per
originally agreed, the addendum states the City shall maintain
or cause to be maintained the sidewalks and park amenities
bordering the project.
RECOMMENDATION: Adopt Agreement Modification with the State of Montana to
include the park amenities.
FISCAL EFFECTS: Minimum. This is an obligation previously agreed to, and the
formality in writing was inadvertently left out.
ALTERNATIVES: As Councils recommends.
Respectfully submitted,
Michael Baker, Director of Parks
Attachments - Copies of amended pages & Resolution
C� A, %,Ls
Chris Kukulski, City Manager
Report Compiled June 12, 2001
RESOLUTION NO. 4630
It is hereby resolved by the City Council of Kalispell that the City
Agreement of Federal Aid Project No. CM -NH 5-3(51)112 F 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 18TH DAY OF JUNE, 2001.
Jim Atkinson, Councilor
Dale Haarr, Councilor
M. Duane Larson, Councilor
Doug Scarff, Councilor
Attest:
Theresa White
City Clerk
Donald Counsell, Councilor
Randy Kenyon, Councilor
Fred Leistiko, Councilor
Ron Van Natta, Councilor
Wm E. Boharski, Mayor
Montana Department of Transportation David A. Galt, Director
2701 Prospect Avenue Judy Martz, Governor
PO Sox 201001
Helena MT 59620-1001
June 1, 2001
City of Kalispell
Theresa White, City Clerk
312 15' Avenue East
Kalispell, MT 59903
Subject: CM -NH 5-3(51)112 F
Main Street -Kalispell
We are enclosing two (2) copies of a Construction Agreement Addendum. This
Addendum has been revised in Section 1 (9), with the statement "and park amenities'
added as per your request. We request that you sign them at your earliest possible
opportunity. We ask that you be certain the City Clerk subscribe their name to the
recitation and resolution, and place the seal thereon for each agreement.
Please return the two (2) copies of the agreement to the Contract Plans Section so they
can be signed by the proper highway officials, after which we will return one copy.
If any changes are contemplated to the proposed Agreement, please contact the
Contract PI ns Sectio at (406)444-6211 before any changes are made.
Mark A. Wissi ger, P.E.
Contract Plans Supervisor
MAW:
Attachments
cc: Preconstruction Engineer
Loren Frazier -Missoula, District Administrator
File
Contract Plans section, Construction Bureau Engineering Division
Phone: (406) 444-6212, 6215, or 6216 An Equal Opportunity Employer TTY.' (800) 335-7592
Fax; (406)444-7236 Web Page; wwwmatstate.mtus
S:CP-STD:120
Rev. 12/28/00
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.
(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 and, on behalf of the City, the
Mayor has signed on the first sheet of said 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 and park
amenities bordering the project.
(10) 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.
Addendum to CONSTRUCTION AGREEMENT Federal Aid Project No. CM -NH 5-3(51)112 F
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S:CP-STD:120
Rev. 12/28/00
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.
(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 and, on behalf of the City, the
Mayor has signed on the first sheet of said 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 and park
amenities bordering the project.
(10) 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.
Addendum to CONSTRUCTION AGREEMENT Federal Aid Project No. CM -NH 5-3(51)112 F
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S:CP-STD:120
Rev. 12/28/00
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 on behalf of the
City of , has signed and affixed hereto the seal of the City.
DATED this _ day of 2001.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
David A. Galt
Director of Transportation
M
Administrator - Engineering Division
ATTEST:
By
City Clerk
CITY OF
Mayor
1, Clerk of the City of , hereby certify that
the above agreement was regularly adopted by the Council of at a meeting held on the
_ day of 2001; and that the Council of authorized the Mayor to sign
this agreement on behalf of Council.
(Signature)
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