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
arid the Mayor is authorized to execute said memoran of understanding on behal
of the Council of the City of Kalispell. r
Dated this — 19th —day of February / , 1� 79
(Councilman)
(Counoi��tLn) (Councilman)
'an) (Councilman3
APPROVED:
Forrest W. Daley, Act* yor
ATTTRST:
Pty Clerk
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY M MAYOR
19THIDAY OF APRIL, 1979.
PROJECT MF 6799 (5)
DESIGNATION 1st, 3rd & 7th Ave. I
Storm Drain-Kalisp(
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 Kai ispel I 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 strom 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. M. 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 First, Th-ird & Seventh
Avenues E. N. and storm drair�s �s 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.
-2-
The City agrees to make a thorQtAVh invest.i9ation of its existi.nq 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 Preas 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 11stubsil,
to all areas that will at any time in the forseeable future be serviced from beneath the
F.9pp-51MIM
A
4�b., of the future plans for the area. The utility companies are encouraged to make
provisions for any underground uti.lity 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
unaLhorized 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
6
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 ag-rees to pay one half the State's share of the cost of curb and
�jutter installed within the city limits required in the reconstruction of this
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 fe,!t 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
rking 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
uncil. The City Council in turn will advise the representative of the State of the
'-%,uance 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 mini -mum
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 treilche5 not excetding 21000 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.
4 7'
-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 ($250,000.00) property damage, to protect,
indemnify'and save harmless the parties hereto and their servants, agent$ 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.
W 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 tile
,�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 tile previous payments toward the cost of maintenance, energy and operations of the
new or revised lighting syst 4 em. 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 mai-ntained by the State when the project has been
completed except that:
The City agrees to service, maintain ani 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
M
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 an 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 sea] of said City,
DATED this day of 19
STATE Or MONTANA, DEPARTMENT Or HIGHWAYS
R. P. RICHARDS
Director of Highways
�Iy
Administrator - Engineering Division
CITY OF
By
ity Clerk mayor
X, Marjorie Giermann Clerk of -the 3ty
Kalispell dO hexebY certify that the above -mentioned memo-
randum of understanding was regulaxly adopted by 'the Council of The
City. of Kalispell a meeting thereof held on the 19th
day of February
19_L9_; 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 rcalispell, Montana at
regular meeting hel(k_ P7 7
City of