Resolution 3227 - Construction Agreement - Idaho StRESOLUTION flo. 32,>-7
It is hereby resolved by the Council of The City of Kalispell that
this Memorandum of Understanding for Federal Aid Project No. F 1-2 11 120
with the State of Montana, acting by and through the Department of Highways, is adopted
by this Council; and the Mayor of CitZ of Kalis�ell is hereby empowered and
authorized to execute said memorandum of understanding on behalf of the Council of
The City of Kalispell ,
Dated this 19th day of March
19 79
z'/'
('Councilman)N_—
(CouncilmqYr0
Councilman
CouncE man Councilman
Counc Iman Councilman
Councilme Councilman
ATTEST:
Norma E. Happ, MaY r
City Clerk
PROJECT F 1--2 (1 1) 120
DESIGNATION Idaho Street Kalispell
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding entered into this 19th day of March
19 79 , by and between the State of Montana Department of Highways, hereinafter called
the State and the City of Kalispell , a Montana municipal corporation, hereinafter called
the City.
WHEREAS, the State and the City are desirous of having Idaho Street (U,S. 2)
reconstructed to current standards; and
WHEREAS, it appears that by Fiscal Year 1979, 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 Idaho Street
is maintained in good repair after said reconstruction is accomplished;
NOW THEREFORE, it is hereby understood and agreed as follows;
The State agrees to proceed with the development of Project F 1-2(11)120
to reconstruct Idaho Street December of ;979 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 of 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 Idaho Street
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 the development of the
.�coject as long as it is desired by both parties, and necessary allocations of State
>nd Federal Aid Highway funds are available.
-I-
The City agrees to make a thorough 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 the 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 and the 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 repsect to water and sanitary sever 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 twenty years after the estimated completion date of the proposed re-
construction project. Prior to reconstruction, it further agrees to provide grater and
sewer service, including "stubs", to all areas that will at any time in the foreseeable
future be serviced from beneath the project.
The City agrees to advise the utility companies responsible for power, gas, phone,
etc., of the future plans for the area. The utility companies are encouraged to make
provisions for any underground utility additions, adjustments, or replacements antic-
ipated within twenty years after the estimated completion date on 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
unauthorized 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.
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,
or parking a vehicle on a sidewalk, in front of a public or private driveway, within
an intersection, on a crosswalk, or within twenty feet of a crosswalk on this project
or 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
parking within the limits of this project.
The City agrees to require any person, persons, firm, partnership, copartnership,
Yorpor:alion, association, or any other entity, befor making any opening in said re-
;onstruct:ed street as covered by this agreement to secure a permit from the City Council.
the City Council in turn will advise the representative of the State of the issuance of
such permit and require that all work be in strict conformity with specifications 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 post with the Clerk of the City a bond as follows:
For trenches not exceeding 2,000 square feet of surface area, $10,000.00.
For trenches exceeding 2,000 square feet 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.
(b) Any such applicant, shall simultaneously with the posting of the bond,
File with the Clerk of said City a certificate of 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 not less than five hundred thousand dollars ($500,000.00)
in the aggregate for any one accident and not less than two hundred fifty thousand dollars
ty' Z
($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 5hall 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
work. 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
.:f11 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
:lie costs on other systems or where an existing lighting district is being paid for
y the City or by a Special Improvement District and is replaced or upgraded, The City
r Special Improvement District will be expected to continue paying the amount of the
cevious payments toward the cost of maintenance, energy and operations of the new or
Cvised lighting system. If and when the cost of energy or maintenance is increased by
s:he utility company the City or Special Improvement District will be expected to pay
°.heir proportionate share of the rate increase.
The State agrees to maintain the project if it is coincidental 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 a
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
ity of Kalispell on behalf of said City of Kalispell has subscribed
nis name and affixed hereto the seal of said City.
DATED this J 55, day of March , 19_ 73 .
STATE OF MONTANA, DEPARTMENT OF HIGHWAYS
R. P. RICHARD$
Director of Igh ys
By
iinistrato - Engineering Division
ATTEST, CITY OR TOWN OF _ K
a
lispell
By
City Clerk Mayor
Ithe undersigned, City Clerk of the City of Kalispell certify that the foregoing is a true
y of the Resolution duly passed by the City Council of the City of Kalispell, Montana at
regular meeting held March 19, 1979
City Cle of the City of Kalispell