HomeMy WebLinkAboutResolution 2005 - 15 ITD Street LightCOOPERATIVE AGREEMENT
(SIGNAL MAINTENANCE)
CITY OF REXBURG
PARTIES
THIS AGREEMENT is made and entered into on this day of
�Drnt,-,- , ;b65, by and between the IDAHO TRANSPORTATION
DEPARTMENT, hereafter called the STATE, and the CITY OF REXBURG, hereafter called
the CITY.
PURPOSE
The CITY and STATE have previously signed cooperative agreements covering the
construction and maintenance of traffic signals on the State Highway System within the CITY
limits resulting in numerous agreements having different requirements for maintenance. Both
parties wish to clarify, in one agreement, the responsibilities each would have for maintenance of
the traffic signals on the State Highway System within the CITY limits. In addition, the parties
find it mutually beneficial to allocate their respective share of the maintenance costs for those
traffic signals pertaining to the state highways within the CITY limits. .
Upon execution of this Agreement, the Cooperative Signal Maintenance Agreement dated
August 4, 1999, between the same parties will be null and void.
Authority for this Agreement is established by Section 40-120, Idaho Code.
The Parties agree as follows:
SECTION I. That the STATE will:
1. Provide all the labor, materials, and equipment to maintain all traffic signals within
the CITY on the State Highway System. Maintenance is to include: a) service calls, b) lamp
replacement, c) replacement of major components, and d) miscellaneous parts and labor, to
'include outside assistance when needed.
2. Maintain a parts inventory sufficient to provide for both routine and emergency
traffic signal maintenance, and when conditions require remedial action, perform the
maintenance in a timely manner.
3. Provide a preventive maintenance program to include re-lamping of intersections
annually and as needed, and an annual inspection of each intersection per State requirements to
include conflict monitor testing. Complete an annual traffic signal timing inventory. Copies of
all inspections shall be forwarded to the CITY.
Cooperative Signal Maintenance Agreement
City of Rexburg
4. Bill the CITY quarterly for the CITY's share of the cost to operate and maintain the
traffic signals located on the State Highway System. The billing is to include an itemization of
the costs listed in Paragraph 1 above incurred during the previous quarter, including
administrative costs, overhead, labor and fringes. It will also include credit for 60% of electricity
costs incurred by the CITY during that quarter.
5. Retain ownership of the following signal equipment, namely vehicle and pedestrian
heads, controllers and accessories, including but not limited to, conflict monitors, load switches,
cameras, detector amplifiers, cabinets, service pedestal, and Uninterrupted Power Supply
components and cabinet.
6. Maintain and provide traffic signal timing for all intersections on the State Highway
system.
7. Indemnify, save harmless and defend regardless of outcome the CITY from
expenses of and against suits, actions, claims, or losses of every kind, nature and description,
including costs, expenses and attorney fees that may be incurred by reason of any act or
omission, neglect or misconduct of the STATE in the maintenance of the signals.
SECTION II. That the CITY will:
Provide all electricity required to operate the traffic signals on the State Highway
System.
2. On a quarterly basis, provide to the STATE an itemization of city supplied signal
electricity. The CITY will be responsible for 40% of those costs.
3. Monitor and keep CITY streets in the vicinity of the signal detection loops in good
repair to prevent undo damage to buried wires.
4. ' Retain ownership of the traffic signal poles and mast arms.
5. Prohibit displaying or hanging on the traffic signal poles or mast arms any banners,
flags, decorations, or any item not in conformance with the Manual on Uniform Traffic Control
Devices for Streets and Highways (MUTCD).
6. Indemnify, save harmless and defend regardless of outcome the STATE from
expenses of and against suits, actions, claims, losses of every kind, nature and description,
including costs, expenses and attorney fees that may be incurred by reason of any act or
omission, neglect or misconduct of the CITY in the maintenance of the signals.
Cooperative ,Signal Maintenance Agreement
City of Rexburg
SECTION III. Both parties agree that:
l . This Agreement supersedes and voids all previous Cooperative Traffic Signal
Maintenance Agreements entered into .between the parties.
2. This Agreement is to be reviewed periodically upon request of either party.
Changes in numbers of intersection approach lanes or the addition of a new intersection will
require review of this Agreement and modification of Exhibit "A".
3 , Each party shall be responsible for its share of the costs of maintaining the traffic
signals on the State Highway System determined on the basis of intersection approach lanes as
identified in Exhibit "A".
4. Reconstruction, upgrade or modification of any traffic signal located on the State
Highway System within the City of Rexburg must be approved by both parties through a
cooperative agreement for construction.
5. Should any of the traffic signal installation be damaged or destroyed through the
wrongful or negligent act of any third party, the CITY will make every effort to determine the
identity and whereabouts of the responsible party, and the STATE will attempt collection of the
cost of repair or replacement. The Parties will share the costs of repair or replacement on the basis
of intersection approach lanes as identified in Exhibit "A" if:
(a) Collection can not be accomplished after reasonable attempt, or
(b) The damage or destruction was not caused by the wrongful or negligent act of a third
PAY.
The CITY and STATE agree to advance funds for the repair or replacement based upon their
proportionate share of the cost. If the STATE is able to collect the cost of repair or replacement from
the responsible parry, it shall reimburse the CITY the funds it advanced.
SECTION IV. Legal Relations and Responsibilities:
Nothing in the provisions of this Agreement is intended to affect the legal liability of
either party to this contract by imposing any standard of care respecting the maintenance of State
Highway System traffic signals that is different from the standard of care imposed by law.
Cooperative Signal Maintenance Agreement
City of Rexburg
EXECUTION
This Agreement is executed for the STATE by its Assistant Chief Engineer (Develop-
ment); and executed for the CITY by the Mayor, attested to by the City Clerk, with the imprinted
corporate seal of the CITY OF REXBURG.
APPROVED:
IDAHO TRANSPORTATION DEPARTMENT
APPROVED:
Assistant Chief Engineer (Development)
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eputy Attorney G 1 eral District Engineer
ATTEST:
CITY OF REXBURG
'Clily Clerk Mayor
(Seal)
By Regular/Special Meeting
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Cooperative Signal Maintenance Agreement
City of Rexburg
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EXHIBIT "A"
September 2005
COOPERATIVE AGREEMENT
(SIGNAL MAINTENANCE)
CITY OF REXBURG
Following is a list of the signalized intersections on the State Highway System within the City of
Rexburg.
NO.
INTERSECTION
APPROACH
LANES
STATE
APPROACH
LANES
CITY
1.
SH-33 & 12Tn West
6
2
2.
Main SH-33 & 5Tx West
6
4
3.
Main SH-33 & 2ND West
7
6
4.
Main SH-33 & 1ST West
6
5
5.
Main SH-33 & Center
4
2
6.
Main SH-33 & 1" East
4
2
7.
Main SH-33 & 2ND East
4
4
8.
2"d East SH-33 & 1ST North
6
6
9.
2"d East SH-33 & 2ND North
6
4
10.
2"d East SH-33 & Teton River
6
4
11.
2"d East SH-33 & Mountain River
7
4
12.
2nd East SH-33 & Salem Road
4
2
Total 66
Total 45
Exhibit A (September 2005)
Cooperative.Signal Maintenance Agreement
City of Rexburg
RESOLUTION -,DO S-- / ,S
WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has
submitted an Agreement stating obligations of the STATE and the CITY OF REXBURG,
hereafter called the CITY, for maintenance of traffic signals on the State Highway System within
the CITY limits; and
WHEREAS, each party is responsible for certain duties and costs for maintenance of the
traffic signals;
NOW, THEREFORE, BE IT RESOLVED:
That the Agreement for maintenance of traffic signals on the State Highway
System within the CITY limits is hereby approved.
2. That the Mayor and the City Clerk are hereby authorized to execute the
Agreement on behalf of the CITY.
That duly certified copies of the Resolution shall be furnished to the Idaho
Transportation Department.
CERTIFICATION
I hereby certify that the above is a true copy of a Resolution passed at a regular, duly called
special (X-out non -applicable term) meeting of the City Council, City of Rexburg; held on
5:�etj>TC�,n 6,,"r as , VZCE
City Clerk
Cooperative Signal Maintenance Agreement
City of Rexburg