09. Resolution 4319 - Authorize MDT Agreement - Idaho Street LightingAgenda -March 3, 1997
t0 ] . O . No 0 e a
The MDOT has agreed to install sidewalk curb ramps at two
intersections and twelve (12) luminaries on Idaho Street
between Glenwood and 7t' Avenue West North. MDOT has
delivered a contract for the installation and requested
the City authorization to proceed. It is necessary that
the Council pass a Resolution in a form supplied by MDOT.
Both the Agreement and the Resolution are included you
packet. Council should pass a motion authorizing the
Mayor to sign the Agreement with MDOT.
IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
THAT THE CITY AGREEMENT OF FEDERAL AID PROJECT NO. STPHS 0002(267)
WITH THE STATE OF MONTANA, ACTING BY AND THROUGH THE DEPARTMENT OF
TRANSPORTATION, IS ADOPTED BY THIS CITY COUNCIL; AND THE MAYOR OF
KALISPELL IS HEREBY EMPOWERED AND AUTHORIZED TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY COUNCIL OF THE CITY OF KALISPELL.
(Mayor)
(Councilperson)
(Councilperson)
(Councilperson)
(Councilperson)
(Councilperson)
(Councilperson)
(Councilperson)
(Councilperson)
PASSED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL, THIS
DAY OF MARCH, 1997.
Attest:
Debbie Gifford, CMC
Clerk of Council
j:wp\ord\Modt
Incorporated 1892
Telephone (406) 758-7700
FAX (406) 758-7758
Post Office Box 1997
Kalispell, Montana
Zip59903-1997
Date: February 20, 1997
To: Clarence Krepps, City Manager
From: John Wilson, Assistant City Engineer4:j
Re: Construction Agreement with the Montana Department of Transportation
Federal Aid Project No. STPHS 0002(267)
Installation of Street Lighting and Sidewalk Curb Ramps on Idaho Street
Attached please find two copies each of a Construction Agreement and Resolution
related to Federal Aid Project No. STPHS 0002(267). This construction project will
provide street lighting and sidewalk curb ramp improvements along Idaho Street
(Highway 2) from 7th Avenue W.N. to Glenwood Drive. Signatures are required of
the Mayor and each of the City Council members. The City Attorney and I have
reviewed these documents and recommend they be executed.
The construction agreement signifies the City's desire to have the work completed.
It includes various commitments whereby the City would observe certain
requirements for traffic engineering, speed limits, parking, access, signage, traffic
control devices and traffic ordinances relating to Idaho Street (Highway 2). The
resolution empowers the Mayor to execute that agreement.
Douglas Rauthe
Mayor
Clarence W. Krepps
City Manager
City Council
Members:
Gary W. Nystul
Ward I
Cliff Collins
Ward I
Norbert F. Donahue
Ward ii
Dale Haarr
Ward II
Jim Atkinson
Ward III
Lauren Granmo
Ward III
Pamela B. Kennedy
Ward IV
M. Duane Larson
Ward IV
Montana Department 2701 Prospect Aa enue Marc Racrcot. Governor
of Transportation PO Box 201001
— Helena MT 59620-1001
February 7, 1997
Mayor, City of Kalispell
312 1st Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
Subject: STPHS 0002(267)
Three (3) Locations - District 1 - Electrical
We are enclosing two (2) copies of a City Agreement and
request that you sign them at your earliest possible
opportunity, but no later than March 10, 1997. 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.
We are also sending two sets of plans. One set must be
signed by the Mayor in the space designated and returned to
this office. The second set is for your records.
v
Mark A. Wissinger, P.E.
Contract Plans Supervisor
MAW:CC:G:CP:2.dgm
Attachments
cc: Preconstruction Engineer
James T. Weaver, P.E., District Administrator
File
CITY
CONSTRUCTION AGREEMENT
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:
THAT, WHEREAS, the State proposes to construct and/or reconstruct a certain highway in
and through the City, said construction being known as Federal Aid Project No. STPHS 0002(267),
and
WHEREAS, said construction will be over and upon various locations on West Idaho Street
from Greenwood Drive to 7th Avenue, and
WHEREAS, the State is desirous of receiving Federal funds for said construction of said
highway, and
WHEREAS, the Federal Highway Administration of the U. S. Department of Transportation
will not participate in the construction of said street (avenue) until and unless the City will agree 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, under the provisions of Section 60-2-111, MCA, hereby concurs in
the designation of the above -designated highway, and
WHEREAS, the City is desirous of having said construction done, the City deeming such
construction to be a valuable and beneficial consideration,
NOW, THEREFORE, for and in consideration of the premises and of the covenants herein
contained, the parties hereto agree as follows:
(1) That the City agrees to conform in all manners and respects to Chapter 8 of Title 61,
MCA, and has, or will adopt as a part of its ordinances, all of the provisions of the Uniform Traffic
Code as outlined in Chapter 8 of Title 61, MCA, with specific reference, but not limited to the
following matters:
(a) That 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 above -mentioned street (avenue).
Further, that 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 above -mentioned
street (avenue); and
The City will modify or alter such established speed limits on the above -mentioned
street (avenue) after a traffic and engineering investigation at the request of the State.
(b) That the City will not erect any sign, signal or traffic control device that will give
preference to local routes which intersect with the above -mentioned street (avenue); 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
above -mentioned street (avenue) be made without express written permission of the State and then
only after proper traffic and engineering study indicates that such a sign, signal or traffic control
device is required; and
Further, such said sign, signal or traffic control device shall be erected or constructed
in accordance with the "Manual on Uniform Traffic Control Devices for Streets and Highways," and
subsequent amendments thereto.
(c) That the City will not erect any lighting on above -mentioned street (avenue) without
express written permission of the State and then only after proper traffic and engineering study
indicates that such lighting devices are required; and
Further, that plans for such lighting installation shall be approved by the State before
erection.
(d) 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.
(e) That the City shall require the stopping of all traffic at all intersecting streets, alleys
and driveways before entering the above -mentioned street (avenue), and where the City considers
that such traffic control creates a hazardous situation, they will request a traffic and engineering
study by the State, and that the State, after such a study, may authorize express written modifications
in the traffic control devices as may be in the public interest from a safety and convenience
standpoint.
(f) That the City has or will pass the necessary ordinances or laws to require parallel
parking on the above -mentioned street (avenue); and
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 Mayor 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 119
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
Marvin Dye
Director of Transportation
Administrator - Engineering Division
ATTEST:
City Clerk
Mayor
CITY OF KALISPELL
I, , Clerk of the City of Kalispell, do hereby
certify that the above -mentioned agreement was regularly adopted by the Council of Kalispell at a
meeting thereof held on the day of , 19_; and that the Council
of Kalispell authorized the Mayor to sign this agreement on behalf of said Council.
(Signature)
RESOLUTION
It is hereby resolved by the Council of Kalispell that the City Agreement of Federal Aid
Project No. STPHS 0002(267) 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.
DATED this day of , 19_
ATTEST:
(Councilman)
(Councilman)
(City Clerk)
(Councilman)
(Councilman)
(Councilman)
(Councilman)
(Councilman)
(Councilman)
(Councilman)
(Councilman)
MAW:CC:G:CP: 3.dgm
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