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Resolution 3219 - Construction Agreement - 1st, 3rd, 7th Ave ENRESOLUTION NO. 3219 It is hereby resolved by the Council of the City of Kalispell that the attached Memorandum of Understanding for Federal Aid Project No. M F 6799 (5) with the State of Montana, acting by and through the Department of Highways, is adopted and the Mayor is authorized to execute said memorand7m of understanding on behal of the Council of the City of Kalispell. / Dated this 19th day of February f 19 79 Ccuncilm Councilman Counci�an ? Councilman Councilman Councilman APPROVED: Forrest W. Daley, Act'_ yor ATTTRST; ity Clerk PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS 19TH DAY OF APRIL, 1979• PROJECT MF 6799 (S) DESIGNATION 1st, 3rd & 7th Ave. I Storm Drain-Kalispe MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding entered into this day of 19 by and between the State of Montana Department of Highways, hereinafter called the State and the City of Kalispell a Montana municipal corporation, here- inafter called the City. WITNESSETH WHEREAS, the State and the City are desirous of having _First, Third & Seventh Avenue E. N. and stoom drains reconstructed to current standards; and WHEREAS, it appears that by Fiscal Year , sufficient Federal and State highway construction funds will be available to accomplish said reconstruction; and WHEREAS, the State and the City are desirous of seeing that First, Third & Seventh Avenues t". N. and storm drains are maintained in good repair after said reconstruction s accomplished; OW, THEREFORE, it is hereby understood and agreed as follows: The State agrees to proceed with the development of Project Mr 6799 (5) to reconstruct First, Third and Seventh Avenues E. N. and storm drains. December of 1979 Is considered to be the best estimate of the date when the project can be let to contract_ However, the actual letting date could be earlier or later depending upon the magnitude of complications arising during project development, right-of-way acquisition and upon the availability of funds. Funding and right-of-way availability may require the project to be divided into two or more projects for contract letting. This is not a positive commitment by the State to reconstruct Firsts Third & Seventh Avenues E. N. and storm drairtis as the "no build" alternate must be considered a viable alternate at every stage of development. It is a commitment by the State to proceed with re development of the project as long as it is desired by both parties, and necessary ]locations of State and Federal Aid Highway funds are available. _z_ The City agrees to make a thorguVh investigation of its existing storm sewer facilities in areas adjacent to the proposed project to determine the adequacy of such facilities for intercepting storm runoff before reaching the proposed project. The City further agrees to participate in the cost of the storm sewer portion of the proposed project when existing facilities are inadequate and the State must intercept Elie storm runoff with participation ratios determined by methods acceptable to all parties concerned, Also the City should indicate areas where local storm sewer improvement plans nd Me State's storm sewer could be combined with savings to both parties, The City agrees to examine its long range plans for the area traversed by the project with respect to water and sanitary sewer condition and needs. It agrees to replace those facilities that are located under the proposed project and are in such a condition that they could be expected to leak or require replacement for any other reason within twent} years after the estimated completion date of the proposed reconstruction project. Prior to reconstruction, it further agrees to provide water and sewer service, Including 11stubs", to all areas that will at any time in the forseeable future be serviced from beneath the of the future plans for the area. The utility companies are encouraged to make provisions for any underground utility additions, adjustments, or replacements anticipated within twenty years after the estimated completion date of the proposed project, The City agrees to remove or cause to be removed all encroachments from the dedicated right-of-way within the limits of the reconstruction. it agrees to disallow any future unathorized use of the right-of-way within the limits of the project. The City agrees to cooperate fully with the State in the establishment of speed limits within this project. Speed limits will be based on traffic and engineering Investigation as required by Section 32-2145 and 32-2146 of the Motor Vehicle Code and will be performed by the State. 3- The City agrees to pay one half the State's share of the cost of curb and ,utter installed within the city limits required in the reconstruction of this ,project, The City agrees to pass the necessary ordinances or laws to prohibit stopping, " parking a vehicle on a sidewalk, in front of a public or private driveway, within Intersection, on a crosswalk, or within twenty feat of a crosswalk on this project within thirty feet of the approach to a stop sign or signalized intersection, The City agrees to pass the necessary ordinances or laws to prohibit angle .king within the limits of this project. The City agrees to require any person, persons, firm, partnership, copartnership- poration, association, or any other entity, before making any opening in said )nstructed avenue as covered by this agreement to secure a permit from the City rncil. The City Council in turn will advise the representative of the State of the ':::suanr_e of such permit and require that all work be in strict conformity with spec- fications of the State to govern such operation. In addition, the following minimum requirements shall be strictly complied with: (a) Any such applicant requesting permission to make a street opening within the limits of this project must first p6st with the Clerk of the City (or Town), bond as follows: For trenches not exceeding 21000 square feet of surface area, $10,000.00, For trenches exceeding 2,000 squarefeet of surface area, $5,00 per square foot, or in unusual cases, a higher amount as mutually agreed between the City and State. The bonds shall be made payable to the City to guarantee that all work shall be done and completed in a good, competent and workmanlike manner; and in compliance with the specifications hereto specified. 47 -4- (b) Any such applicant, shall simultaneously with the posting of the bond, file with the Clerk of said City a certificate to insurance, or its equivalent, providing public liability coverage in the sum of not less that two hundred fifty thousand dollars ($250,000.00) for each person and n.)t less that five hundred housand dollars ($500,000.00) in the aggregate for any one accident and not less than two hundred fifty thousand dollars ($250,000.00) property damage, to protect, indemnify'and save harmless the parties hereto and their servants, agents and employees from any expense, cost, damage and liability of any kind or character whatsoever resulting from or which may arise as a result of said applicants opening within the limits of this project or which may in any way or manner be connected with or related thereto. (c) The work shall be subject to inspection by the engineers of the State and any work found to be unacceptable shall be removed and satisfactorily corrected before the bond covering such work is released. (d) if unsatisfactory work or materials are not corrected within thirty (30) days after written notice by the State to the City, then the City shall complete the ,ork. The cost for the corrected work shall be paid from the bond. The State agrees to assume the cost of maintenance, energy and operations of all lighting provided as part of this project if it is coincidental or a replacement of a highway facility presently maintained by the State. The State will not assume the costs on other systems or where an existing lighting district is being paid for by the City or by a Special Improvement District and is replaced or upgraded. The City or Special Improvement District will be expected to continue paying the amount of the previous payments toward the cost of maintenance, energy and operations of the new or revised lighting system. if and when the cost of energy or maintenance is increased by the utility company the City or Special improvement District will be expected to pay their proportionate share of the rate increase. -5- The State agrees to maintain the project if it is coincidntal or a replacement of a highway facility presently maintained by the State when the project has been completed except that: The City agrees to service, maintain and pay the costs of energy and operation of all traffic signals, flashers, signs (excluding guide signs and route markers). that are within the limits of this project or contract with the State for reimbursement of the costs, and The City agrees to maintain storm sewers and to repair any damage caused by leakage from, tapping into, repair of, or installation of municipally owned utilities, within the limits of this project. The City agrees to maintain the project after completion and pay all costs for appurtenances, energy and operation of this project, except as specifically above provided which will be maintained or paid for by the State. IN WITNESS WHEREOF, the Director of Highways 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 19 STATE Or MONTANA, DEPARTMENT Or HIGHWAYS R. P. RICHARDS Director of highways �y _ Administrator -- Engineering Division CITY OF By ity Clerk Mayor X, - Marjorie_Giesmann Clerk of the City of Kalispelldo hexeby certify that the above -mentioned memo- randum of understanding was regularly adopted by the Council of The City.of Kalispell at a. meeting thereof held on the 19th day of February , 19 79 ; and that the Council ofThe City of Kalispell authorized the &Vor to sign this memorandum of understanding on behalf of said Council. - Signature the undersigned, City Clerk of the City of Kalispell certify that the foregoing is a tru :)py of the Resolution duly p ssed by the City Council of the City of Kalispell, Montana at regular meeting held z i P7 _ --- __ City of