Resolution 3290 - Construction Agreement - Idaho Street-5- CP-400
R E S 0 L U T 1 0 N IVO, 32 c10
It is hereby resolved by the Council of Kalispell
that the City Agreement of Federal Aid Project No. F 1-2(11)120, the Idaho
Street-KaUspell
with the State of Montana, acting 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
Dated this day of 19 9.0
Attest;
AD
ity Clerk)
C I T Y
C 0 N S T R U C T 1 0 N A G R E E M E N T
(Councilman
(Councilman)
CP-400
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 E S S E T H:
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. F 1-2(11)120, the Idaho Street -Kalispell and
WHEREAS, said construction will be over and upon Idaho Street beginning at
Sta. 361+00.0, a point just west of the intersection with Meridan Road and extends
northeast to Sta. 29+70.0, the intersection with Eighth Avenue East North.
, 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 9 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:
Rev. 7-1-79
(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
61-4-410, 11CA 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 permis-
sion 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 driveway5 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.
7-1-79
-3- CP-400
(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 on 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).
(2) Further, that the State, after a traffic and
any speed zone, parking regulation or traffic control
to modify or remove such existing speed zone, parking
device upon said named street (avenue).
(3) In addition to the specific signs, signals
which may be shown on the plans, further restrictions
speed limits are set forth in the attached drawings
exhibits being part of this agreement.
engineering investigation of
device, may require the City
regulation or traffic control
and traffic control devices
as to parking, stopping and
labeled "Exhibit A" said
(4) Further, that the City shall be liable for any encroachment upon
right-of-way of said street (avenue) by party or parties of any entity, for the
purpose of opening or trenching said street (avenue) as covered by this agreement.
In addition, the City shall:
(a) Advise representatives of the State whenever an opening or trenching is
to be made in said street (avenue).
(b) Assure that said trench or street (avenue) opening shall be reconstructed,
in strict conformity with specifications that are furnished by the State
to govern such openings, at no cost to the State.
(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.
(d) if unsatisfactory work or materials are not corrected within a reasonable
time after written notice by the State to the City, then the State shall
complete the work and bill the City for all costs involved.
(e) Proper traffic control signs and devices or flagpersons if necessary,
shall be used to control traffic around the work area in accordance
with the "Manual on Uniform Traffic Control Devices for Streets and
Highways".
7-1-79
CP-400
(5) Should said City incorporate beyond the present city limits, and such
newly annexed area include portions of this Federal Aid Project not now within the
city limits, then this agreement, by reference herein, will also apply to the newly
annexed area.
(6) 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.
(7) That the City will continue to enforce the ordinances and/or regulations
necessary and essential for the operations of the improvements as planned.
(8) All signs required to enforce City ordinances shall be maintained by the
City,
(9) The City shall maintain or cause to be maintained the sidewalks bordering
the project.
(10) That the City will continue adequate 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 /1, 1* 40 day of _c— —2 iqdpd�
STATE OF MONTANA, DEPARTMENT OF HIGHWAYS
Roaald P. Richards
Director of Highways
By
Administrator - Engineerinv Division
ATTEST: CITY OF KALISPELL
By
- . J &A,,, ,
ty Clerk Mayor
, , h Clerk of the City of Kalispell
do hereby certiflV. thal above -mentioned agreement was regUla I r adopted by the
Council of KaFfspell at a meet' g thereof held on the :R day
of -7,)l -A -1,# 19 Xn ; and that the Council of —Kalispell
authori�6d thY Mayor to sign this agreement on behalf of said Council.
�"���Signature
re
t '�77 - 11 --�_71 9
the undersigned, City Clerk of the City of Kalispell certify that the foregoing is a trut
—py of the Resolution passed by the City Council of the City of Kalispell, Xontana at a
�gular meeting held 721,z_ll 17
"ZZI, -LA-z f
City Clerk of the City of Kalispell