B2. Construction Agreement with MDT201 1 ` Avenue East, P.O. Box 1997, Kalispell, MT 59903-Phone (406)758-7720
wwvv.kalispell.coni
To: Douglas Russell, City Manager,
From: Susie Turner, P.E., Public Works Directo
Re: Construction Agreement — Signal Safety, Federal Aid Project No. HSIP STWD (283), SF 139 Kalispell
Signal Sfty
11
Council Meeting Date: December 7, 2015
BACKGROUND:The Montana Department of Transportation plans to install retro-reflective (yellow)
back plate tape around the border of the traffic signal's head back plate. The intent of the retro-reflective
border is to improve the visibility of the signal heads. The installations will be on the traffic lights located
on Meridian Road, Center Street, Second Street, and 4th Street. The installations will be funded by the State
and does not require expenditure of City funds.
As the construction improvements will be within the City limits and on City Traffic Signals, the State is
required to develop an agreement delineating responsibilities of the State and the City.
Public Works and the City Attorney have reviewed the agreement and have found it to be satisfactory.
RECOMMENDATION: Approve the Construction Agreement for Federal Aid Project No. HSIP STWD
(283), SF 139 Kalispell Signal Sfty.
ACTION REQUESTED: Motion to approve the Construction Agreement for Federal Aid Project No.
HSIP STWD (283), SF 139 Kalispell Signal Sfty.
FISCAL EFFECTS: There are no costs to the City of Kalispell.
ALTERNATIVES: As suggested by City Council
Attachment: Two copies of agreement
THIS AGREEMENT is
.#- and entered
i by r between - of Montana,
acting by and through its Department of Transportation, hereinafter called the "State" or
"De
it and the City of p..11, a Montana City, hereinafter called
THE PURPOSE f=THIS AGREEMENT IS TO SET R
AND DUTIES OF THE STATE AND THE CITY WITH RESPECT TO A FEDERAL AID
HIGHWAY AND ADJACENT PEDESTRIAN
f FACILITIES PROJECT
CITY OF ,; i MONTANA.
State1. WHEREAS, the proposes - • construct and/or _ t certain
in and through the City, the construction being known as Federal Aid Project No. HSIP
# known" i PSIGNALS SFTY, and
+
WHEREAS,- construction will be over and upon • i # Routes
City of #
WHEREAS, the State desires to Federal to construct
Pro
1
WHEREAS, in accordance with the State's agreement with Federal Highway
Administration
, # i t i'' i ofD"•.- of Transportation,
includesensure that certain requirements are met in order for the State to fulfill its obligations to
the FHWA and for the project to be eligible for federal funds. Accordingly, the State
-s-requirements,are among those hereinafter
WHEREAS,project, and the City agrees to them, and
document
be duly executed i on - s • with the State
and FHWA before the work contemplated can be awarded to contract, and
WHEREAS, the City hereby concurs in the selection and designation of the
Project, pursuant to § 6 1 MCA, and
WHEREAS, the City desires to have the construction done, the City deeming it to
e a valuable and beneficial consideratiot.
11. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
(A) The City agrees to conform in all regards to Chapter 8 of Title 61, MCA,
and will not take any action, by enacting an ordinance or otherwise, in contradiction of
the traffic laws in Chapter 8 of Title 61, MCA, with specific reference, but not limited to,
the following matters:
(1) Installing any signs, signals, or markings not in conformance with
the Standards approved by the FHWA pursuant to 23 USC §109(d).
(2) Establishing a speed limit less than twenty-five (25) miles per hour
in any urban district on the highway.
(3) Establishing a speed limit of less than thirty-five (35) miles per hour
outside an urban district 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.
(4) Erecting 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.
(5) Erecting 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 installatior,
shall be approved by the State before erection.
(6) Not requiring 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, it will request a traffic and engineerin#
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.
(7) Prohibiting parallel parking on the highway; and
(8) Allowing stopping, standing or parking of a vehicle in a plact.-
Prohibited by § 61-8-354, MCA,
(9) 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.
(B) 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.
(C) 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," that exhibit being part of this
agreement,
(D) 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.
(E) 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.
IF) The City has reviewed and approved the plans.
(G) The City will continue to enforce the ordinances, laws and/or regulations
necessary and essential for the operation of the improvements as planned.
City. (H) All signs required to enforce City ordinances shall be maintained by the
(1) The State agrees to protect, indemnify, defend and save harmless the City
against and from all claims, liabilities, demands, causes of action, judgments, and
losses (including costs and attorney's fees incurred by the City in the defense thereof)
to them arising in favor of or asserted by any person or entity on account of personal
injury, death or damage to property arising solely out of, or in connection with, a defect
in the State's design or construction of the project (including, but not limited to, a defect
0
ML
#f' , aqrees as follows:
Compliance with Regulations: The City (hereinafter includes consultant) will
comply with all Acts and Regulations of the United States and the State of
Montana relative to N on-Discri mi nation in Federally and State -assisted program
ofDepartment of Transportation (US DOT) and the State of Montana,
they may be amended from time to time, which are herein incorporated by
reference and made a part of this Agreement.
The City, with regard to the work performed by it during the Agreeme
will not discriminate, directly or indirectly, on the grounds of any of th
protected classes in the selection and retention of subcontractors,
0
including procurements of materials and leases of equipment,
employment, and all other activities being performed under this
Agreement.
b. The City will provide notice to its employees and the members of the
public that it serves that will include the following-
i. Statement that the City does not discriminate on the grounds of any
protected classes;
ii. Statement that the City will provide employees and members of the
public that it serves with reasonable accommodations for any
known disability, upon request, pursuant to the Americans with
Disabilities Act as amended (ADA);
iii. Contact information for the City's representative tasked with
handling non -d iscrim i nation complaints and providing reasonable
accommodations under the ADA; and
iv. Information on how to request information in alternative accessible
formats.
c. In accordance with § 49-3-207, MCA, the City will include a provision, in
all of its hiring/subcontracting notices, that all hiring/subcontracting will be
on the basis of merit and qualifications and that the City does not
discriminate on the grounds of any protected class.
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the City receives federal financial assistance as part of this Agreement,
the City will make all reasonable efforts to utilize DBE firms certified by
MDT for its subcontracting services. The list of all currently certified DBE
firms is located on the MDT website at:
.shtmI
The contractor, sub -recipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in
the performance of this Agreement The contractor shag carly
out applicable reyjuirements of 49 Put!
administration of US DOT -assisted contracts. Failure by the
contractor to carty out these requirements is a material breach
of this Agreement, which may result in the termination of this
Agreement or such other remedy as the recipient deems
appropriate.
c. The City must include the above assurance in each contractlagreement
the City enters into under this Agreement.
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(4) Solicitation for Subcontracts, Including Procurement of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation,
made by the City for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor
or supplier will be notified by the City of the City's obligation under this
Agreement and all Acts and Regulations of the United States and the State of
Montana related to Non -Discrimination.
- Title VI of the Civil Rights Act of 1964 (42 U.&C. § 200d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR
Part 21; nd Real Property Acquisition Policies Act of
- The Uniform Relocation Assistance a
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaces or
whose property has been acquired because of Federal or Federal -aid programs
and projects);
- Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits
discrimination on the basis of
no
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(7) Incorporation of Provisions: The City will include the provisions of paragraph
one through seven in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the Acts, the Regulations and directives
issued pursuant thereto. The City will take action with respect to any subcontract
Ff
&s I T ym--� -MounuiWcttect as a
means of enforcing such provisions including sanctions for noncompliance.
Provided, that if the City becomes involved in, or is threatened with litigation by a
subcontractor, or supplier because of such direction, the City may request MDT
to enter into any litigation to protect the interests of MDT, In addition, the City
may request the United States to enter into the litigation to protect the interests of
the United States.
R
IN WITNESS WHEREOF, the State's authorized representative has signed on behalf of
the State of Montana, and the City Manager, of the City of Kalispell, on behalf of the
City, has signed and affixed hereto the seal of the City.
M�= T
By .2015
Administrator - Engineering Division
By
Approved for Legal Content
Els�
kw— TrE
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APPROVED AS TO FOR""'
By_
Charles Ha lYiil, City Attorney
Brunckhorst, City Clerk of the City of Kalispell, hereby certify that this
Agreement was regularly adopted by the City Council at a meeting held on t1l
day of , 2015; and that the City Council authorized the City
Manager to sign this Agreement on behalf of the City.
Aimee Brunckhorst, City Clerk
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