06. MDOT Contract - Safety Improvements(11�alvll
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Incorporated 1892
'Telephone (406) 752-6600
FAX (406) 752-6639
Post Office Box 1997
Zip 59903-1997
June 17, 1993
TO: Bruce Williams 0�1
FROM: Robert H. Babb, City Engineer/Director Public Works
•'' 1 Ili
Attached is a copy of notations that I have made regarding the above subject as well as a copy
of a letter written today to James Weaver of the Montana Department of Transportation
reference the same subject.
Douglas Rauthe
Mayor
Bruce Williams
City Manager
City Council
Members:
Gary W. Nystul
Ward I
Cliff Collins
Ward I
Barbara Moses
Ward II
Dale Haarr
Ward II
Jim Atkinson
Ward III
Lauren Granmo
Ward III
Pamela B. Kennedy
Ward IV
M. Duane Larson
Ward IV
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Incorporated 1892
Telephone (406) 752-6600
FAX (406) 752-6639
Post Office Box 1997
Zip 59903-1997
June 17, 1994
James T. Weaver, P.E.
Montana Department of Transportation
P.O. Box 7039
Missoula MT 59807-7039
Dear Jim,
In regards to your memo to Carl S. Peil about "STPHS 6799 (12) Kalispell Safety
Improvements", I would like to add some further corrections.
I will be meeting with the City Council on Monday June 20 to receive further direction on
signing of this agreement.
Corrections needed:
No.7 Should Read 5th Avenue East and 3rd St. East
N0.9 " lst Avenue West North and W. Washington
No.11 " 4th Avenue West and 1 st St West
No.19 " lst Avenue East and East Montana
No.21 " 4th Avenue West and Center St.
Further, we are currently modifying No. 9 in our reconstruction of this area thereby making
this designs obsolete.
Also, we would like to eliminate No. 11, 13, and 19 from the list as measures have been taken
already that make these designs invalid.
Douglas Rauthe
Mayor
Bruce Williams
City Manager
City Council
Members:
Gary W. Nystul
Ward I
Cliff Collins
Ward I
Barbara Moses
Ward II
Dale Haarr
Ward II
Jim Atkinson
Ward III
Lauren Granmo
Ward III
Pamela B. Kennedy
Ward IV
M. Duane Larson
Ward IV
Page 2
Therefore, I am suggesting to the Council that we enter into a force account agreement for
16 intersections and request the Montana Department of Transportation contract for four (4)
intersections and that 4 be eliminated from the list.
PSin,bb, P.E.
City Engineer/Director of Public Works
cc: Bruce Williams, City Manager
' Montana Department r n
of Transportation
June S, 1994
Mr. Robert E. Babb, P.E.
City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903-1997
Subject: Project No. STPHS 6799(12)
City of Kalispell - Safety Improvements
C.N.2605
Enclosed for your review is a draft of the Memorandum of Agreement between
the City of Kalispell and the Montana Department of Transportation for work at
24 locations to be partially funded with Federal Aid Funds.
Other documentation required for the contract letting process is also enclosed.
As lead agent, the City of Kalispell will be required to provide to the Montana
Department of Transportation and to the Federal Highway Administration various
reports during the design process. The documentation provided for your
information and use is as follows:
1) One blank package of bid documents as required for Federal Aid
funded projects such as this project.
a) Note: DBE goals (page 2) for this project are 12%.
b) Federal Wage Rates are currently being revised. Please
contact Mr. Mark Wissinger, Contract Plans Section, at
444-6211 at the time of letting for the revised rates to be
included in the contract letting package.
Also enclosed for your information and future reference are examples of typical
reports and memoranda with appropriate circulation lists required for Federal Aid
funded projects.
1) Scope of Work Report
2) Memorandum requesting Administrator approval to the Scope of
Work report (address this report to Thomas J. Barnard,
Administrator, Highway Division. However, send the report to Carl
S. Peil, Preconstruction Engineer).
3
3) Memorandum requesting the news release.
4) Example of a news release.
in Enua, Uppertwvr: Er)p,c�er
Mr. Robert E. Babb, P.E.
Page 2
June 8, 1994
5) Memorandum requesting environmental concurrence and extent of
involvement.
6) An example of a Categorical Exclusion notification that is sent to
the Federal Highway Administration.
7) Memorandum requesting a review of the preliminary plans by
appropriate agencies.
8) A final plan -in -hand report describing the comments made during
the plan review and any changes made.
A letter from you to Mr. Carl Peil dated January 25, 1994 confirmed that the City
would comply with and fund any location requiring Americans with Disability Act
compliance. The ADA Federal Guidelines were sent to you by Mr. Wayne Noem
on February 16, 1994.
Apparently, the city and county have recently identified Meridian Road as their
next urban priority. It has been suggested to drop the proposed intersection
improvement at Meridian Road and 2 Mile Drive from this project and include
the work with the Meridian Road reconstruction project.
Please review this and the draft of the Memorandum of Agreement and provide
vour comments as soon as possible.
If you have any questions, please contact Frank Quilici at 444-6254.
4JA , / J
Carl S. Peil, P.E.
Preconstruction Engineer
CSP:FJQ:TR:151.gg
Attachments
cc: Carl S. Peil, P.E., Preconstruction Engineer
Donald P. Dusek, P.E., Traffic Engineer
James T. Weaver, P.E. , District Engineer - Missoula
Wayne Noem, Safety Management Section
Preconstruction File
Project No.: STPHS 6799(12)
Name: City of Kalispell - Safety Improvements
Control No: 2605
WHEREAS the MONTANA DEPARTMENT OF TRANSPORTATION,
herein called "DEPARTMENT" and the CITY OF KALISPELL, a
Montana municipal corporation, herein called "CITY" agree
that the purpose of this agreement is to implement the
design, construction, and financing of safety modifications
at 24 locations within the city herein called "PROJECT".
WHEREAS,
the
scope
of this project includes work at
each location
as
follows:
1)
6th
Ave
W. and
3rd St. -------Signing, curb paint,
trim trees
2)
2nd
Ave
W. and
Montana St. ---Signing, curb paint,
trim trees
3)
3rd
Ave
W. and
8th St. -------Signing, curb paint,
trim trees
4)
2nd
Ave
W. and
8th St.--- ----Signing, curb paint,
trim trees
5)
3rd
Ave
W. and
3rd St. -------Signing, curb paint,
trim trees
6)
5th
Ave
W. and
3rd St. -------Signing, curb paint,
trim trees
7)
1st
Ave
W. and
llth St. ------Signing, curb paint,
pavement marking
8)
2nd
Ave
W. and
5th St. -------Signing, curb paint,
trim trees
9)
1st
Ave
and Washington St. ---Signing, curb paint,
curb and gutter
10)
3rd
Ave
W. and
5th St. -------Signing, curb paint,
sidewalk
11)
4th
Ave
and 1st St. ----------Signing, sidewalk,
curb and gutter
12)
6th
Ave
W. and
5th St. -------Signing, curb paint,
trim trees
13)
2nd
Ave
W. and
1st St. -------Signing, curb paint,
trim trees
14)
2nd
Ave
W. and
3rd St. -------Signing, curb &
gutter, pavement
marking
15)
Meridian Rd &
Buttrey's Access --Relocate approach
16) 1st Ave W. and 12th St.--- ---Signing, curb paint,
pavement marking
17) 1st Ave W. and Montana St. ---Signing, sidewalk,
pavement marking
18) 2nd Ave W. and 2nd St. -------Signing, curb paint,
pavement marking
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19) 1st Ave and Montana St. ------Signing, curb paint,
pavement marking
20) 5th Ave W. and Montana St. ---Signing, curb paint,
pavement marking
21) 4th Ave and Center St. -------Curb and gutter
paving, signing
22) 6th Ave W. and 7th St. -------Signing, curb paint,
trim trees
23) lst Ave W. and Center St.----Signal,paving, curb
and gutter
24) Meridian Rd. and 2 Mile Rd ---Signals, paving,
signing
WHEREAS, the DEPARTMENT and CITY recognize the need for
the improvements as recommended in the 111992 Traffic Safety
Study, Marvin and Associates, December 1992, deeming such
construction to be a valuable and beneficial consideration
and are willing to share in the costs of the proposed
improvements in a mutually acceptable sharing of the total
costs in accordance with the final plans; and,
WHEREAS, the CITY is desirous of receiving Federal
funds and meets the DEPARTMENT criteria for allocating
Federal Aid Safety Funds for said PROJECT; and,
WHEREAS this document must be duly executed and on
record with the DEPARTMENT before the work contemplated can
be awarded to contract; and,
WHEREAS, it is understood that all costs associated
with the project in excess of those Federal Aid Funds
allocated will be financed by the CITY; and,
NOW, THEREFORE, in consideration of the covenants
herein contained, the parties agree as follows:
1) PROJECT DEVELOPMENT: That the CITY will provide all
services necessary for development of the PROJECT in
accordance with Federal Aid procedures. These services
include, but are not limited to public involvement;
environmental clearances; engineering surveying;
engineering design; plan preparation and
specifications; engineering construction, supervision,
and inspection; quality control testing; and material
certification.
2) APPROVAL: That the CITY will provide three sets of
detailed plans and specifications for the PROJECT to
the DEPARTMENT for review and concurrence prior to
advertising for construction.
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That after revisions to the plans and special
provisions, the CITY will provide to the DEPARTMENT one
set of plans and specifications duly signed and stamped
by a Professional Engineer registered in Montana.
That the City will provide to the DEPARTMENT one set of
as -built mylar plans or better, one diskette showing
as-builts in CADD or Microstation Version 4.0.3.2, and
one diskette with special provisions in Word Perfect
Version 5.1 for the project within two months of
construction completion.
3) Since the PROJECT exceeds $10,000, the Montana Highway
Commission must let the PROJECT or specifically
delegate its authority to let the PROJECT.
4) If the CITY receives appropriate authority from the
Highway Commission, the CITY will advertise for bid,
award the contract to the lowest responsible bidder,
and administer the contract.
That the CITY prior to awarding the construction
contract shall request concurrence from the DEPARTMENT.
5) CONTRACTOR TO PROCEED: That only after the Director of
Transportation has concurred in the award of the
contract, the CITY be authorized to proceed with the
PROJECT.
6) INSPECTION: That although the CITY will be responsible
for construction inspection, the DEPARTMENT will have
the right to inspect the PROJECT during construction.
7) DESIGN STANDARDS & SPECIFICATIONS: That the CITY will
develop and construct the PROJECT in accordance with
applicable Federal, AASHTO, MUTCD, and DEPARTMENT
accepted highway design standards and specifications.
That where the project limits encompass cross walks,
marked or unmarked, compliance with the ADA will be
required.
8) RIGHT-OF-WAY: That the CITY will acquire all right-of-
way necessary for the construction of this PROJECT in
accordance with all Federal Aid highway regulations.
9) UTILITY: that the CITY will arrange for and assure
that all utilities impacted by the construction of the
PROJECT will be relocated and adjusted at no cost to
the DEPARTMENT in accordance with Federal Aid highway
regulations.
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j 10) SIGNING: That the CITY will install or permit to be
installed, only those signs, signals, or markings in
conformance with the "Manual on Uniform Traffic Control
Devices for Streets and Highways" and with the approval
of the DEPARTMENT that are necessary for the safety of
the traveling public.
11) MAINTENANCE: That the CITY will operate and maintain
the PROJECT following its completion.
12) DAMAGE CLAIMS: That the CITY will save the DEPARTMENT
harmless from any claims made against it for damage
from and arising out of the construction of this
project from any causes whatsoever.
13) VENUE: In the event of litigation arising out of this
agreement, venue shall be in the First Judicial
District in and for the County of Lewis and Clark,
Montana.
14) EQUAL EMPLOYMENT OPPORTUNITY: That as a condition to
receiving approval of this application, the CITY will
be subject to, and will comply with, Title VI of the
Civil Rights Act of 1964, Executive Order 11246 and
amendments thereto contained in Executive Order 11375,
and all applicable requirements pursuant to the
Regulations of the Department (Title 15, Code of
Federal Regulations), to the end that, in accordance
with the Civil Rights Act, applicable Executive Orders
and Regulations, no person in the United States shall,
on the grounds of race, color, sex, or national origin,
be excluded from participation in, be denied the
benefits of, or be otherwise subjected to
discrimination under any program or activity for which
the CITY receives Federal financial assistance.
That for purpose of any contract work let pursuant to
this agreement, all DBE, EEO, and Federal Davis -Bacon
provisions shall apply. The CITY shall be responsible
for enforcement of the Federal Davis -Bacon Act and for
the collection of certified payrolls.
15) FINAL INSPECTION: That the CITY will schedule a final
inspection in company with the DEPARTMENT and the
Federal Highway Administration as soon after completion
of the work as practicable. The purpose of this
inspection is to accept the project for final payment.
16) COMPLETION: The CITY agrees to complete the PROJECT in
accordance with the approved plans and specifications
prior to December 31, 1995.
i
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17) PROJECT FINANCING: The DEPARTMENT agrees to pay the
CITY actual costs not to exceed $217,870 as total
compensation for construction and construction
engineering costs in one lump sum upon completion and
acceptance by the DEPARTMENT.
18) If during the construction of any sections of the
above -mentioned streets (avenues), should the CITY, on
account of unfavorable weather or other conditions not
the fault of the contractor, authorize a suspension of
construction operations, the maintenance of the
sections under construction shall be by and at the
expense of the contractor.
19) That this agreement shall become effective upon
execution by the DEPARTMENT and the CITY.
IN WITNESS WHEREOF, the Director of Transportation or his
authorized representative has hereunto subscribed his name
on behalf of the State of Montana and the Manager of the
City of Kalispell on behalf of said City of Kalispell, has
subscribed his name and affixed hereto the seal of said
City.
DATED this day of
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
Marvin Dye
Director, Montana Department of Transportation
Thomas J. Barnard, P.E.
Administrator, Highway Division
Approved as to legal review
, 1994
Attorney, Montana Department of Transportation
City of Kalispell
City Manager
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hereby certify that the
regularly adopted by the
thereof held on the
the Commission of the
Manager to sign this
Approved as to form
City Attorney
Ci
acfr
- Clerk of the City of Kalispell, do
above -mentioned agreement was
Commission of the City at a meeting
day , 1994, and that
ty of Kalispell authorized the City
eement on behalf of said Commission.
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Signature