Resolution 3291 - Construction Agreement - 1st, 3rd, 7th ENRE SOLUT ION NO, -4 .2- '7 /
It is hereby resolved by the Council of Kalispell that the City Agreement of
Federal Aid Project No. M-F 6799(7), The First, Third, Seventh Ave. East North -
Kalispell with the State of LLonlana, actiag by and through the Department of
Highways, 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.
4J -
Dated this day of
19, ity Clerk)
CITY
C 0 N S T R U C T 1 0 N A G R E E M E N T
THIS AGREEMENT, made and entered into, by and between the State of Montana,
acting by and through its Department of Highways, hereinafter called the State, and
the City of Kalispell, a Montana municipal corporation, hereinafter called the City.
W I T N B S S E T H:
THAT, WHEREAS, the State proposes to construct certain improvements on a
specific highway in and through the City, said construction being known as Federal
Aid Project No. M-F 6799(7), The First, Third, Seventh Ave. East North - Kalispell,
and
WHEREAS, said construction will be over and upon Third Ave. East beginning
at Sta. 19+76, a point south of the intersection with First St. East and extends
north to Station 30+05,, thence on Third Ave. East North to Station 41+16, just
north of the intersection with East Washington St. and over and upon Seventh Ave.
East North at Station 0+60, the north side of the intersection with East Idaho St.
and extends north to Station 9+65 a point north of the intersection with East Oregon
St., and
WHEREAS, the State is desirous of receiving Federal funds for said con-
struction 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 coven-
ants 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 hereby adopts 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:
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(A) That the City will not install, or permit to be installed, any signs,
signals, or markings not in conformance with the Standards approved by the Federal
Highway Administration pursuant to 23 USC 109(d).
(B) 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
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 61-4-410,
MCA on the above -mentioned street (avenue); and
(C) That the City will not erect any markings, sign, signal or traffic control
device that will give preference to local routes which intersect with the
above -mentioned street (avenue); and no markings, 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 proper traffic and engineering
study indicating that such markings, sign, signal or traffic control device is
required.
(D) (a) That the City will service, maintain and pay the cost of operating
all. improvements embraced by this agreement.
(b) If during the construction of any sections of the ab ove -mentioned
street (avenue), should the Department of Highways and/or the Federal Highway
Administration, on account of unfavorable weather or other conditions not the fault
of the contractor, authorize a suspension of construction operations thereafter and
until the Department of Highways and/or the Federal Highway Administration issue an.
order for the resumption of construction operations, the maintenance of the sections
tinder construction shall be by and at the expense of the City,
W That the City shall require the stopping of all traffic at all
intersecting streets, alleys and driveways before entering the above -mentioned
��treet (avenue), and where the City considers that such traffic control creates a
ba7ardous situation, they may modify the traffic control devices as may be in the
public interest from a safety and convenience standpoint.
(F) That the City will pass the necessary ordinances or laws to require
parallel parking on the above -mentioned street (avenue); and
That the City will pass the necessary ordinances or laws to forbid
stopping, standing or parking a vehicle an a sidewalk, in front of a public or
private driveway, within an intersection, on a crosswalk, or within twenty (20) feet
of a crosswalk on the above -mentioned street (avenue); or within twenty (20) feet of
the crosswalk of any intersecting street at its intersection with the
above -mentioned street (avenue); and
That the City will pass the necessary ordinances or laws to forbid
stopping, standing or parking a vehicle within thirty (30) feet upon the approach to
any flashing beacon, stop sign, or traffic control signal located at the side of the
roadway of the above -mentioned street (avenue); -or within thirty (30) feet upon the
approach to any flashing beacon, stop sign or traffic control signal located at the
side of the roadway of an intersecting street at its intersection with the
above -mentioned street (avenue); on the roadway side of any vehicle stopped or
parked at the edge or curb of the above -mentioned street (avenue); or upon any
bridge, or other elevated structure upon the above -mentioned street (avenue); or
within any highway tunnel that is a part of the above -mentioned street (avenue).
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CP 402
(2) 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 drawings labeled "Exhibit A and Exhibit B
said exhibits being part of this agreement.
(3) That the City has reviewed and approved the plans and on behalf of the
City the Mayor has subscribed his name on the first sheet of said plans.
(4) That the City will maintain the constructed facility and enforce the
ordinances and/or regulations necessary and essential for the operations of the
improvements as planned.
(5) That the City will maintain adequate traffic engineering capabilities to
insure that a continuing traffic engineering function is carried out on said
project.
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
2 In
STATE OF MONTANA, DEPARTMENT OF HIGHWAYS
Ronald P. Richards
Director of Highways
By _4vr!��
Administrator - Engineering Division
ATTEST: CITY OF KALISPELL
4 t �_
By fL g"4_'
City Clerk Mayof
Clerk of the City of Kalispell
do hereby certifi that the above -mentioned agreement was regular y adopted by the
Counci of KaV.spell at a meeting thereof held on the day of
19 g
q ; and that the Council of Kalispell
authorized t�e Mayor to sign this agreement on behalf of said Council.
(Signature)
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the undersigned, City Clerk of the City of Kalispell certify that the foregoing is a true
py of the Resolution passed by the City Council of the City of Kalispell, Montana at a
Z,Ldar meeting held 0
City Cle:* of the City of Kalispell