HomeMy WebLinkAboutRes. 05.01- Cooperative agreement, Signal Light 2nd E & 1st NCOOPERATIVE AGREEMENT
STM-7786(603)
TRAFFIC SIGNAL AT 2nd EAST & 1st NORTH, REXBURG
MADISON COUNTY
KEY NO. 9394
PARTIES
THIS AGREEMENT is made
~ebc-~ , ,~-c~~, by
DEPARTMENT hereafter called
hereafter called the CITY.
PURPOSE
and entered into this f ~p~ day of
and between the IDAHO TRANSPORTATION
the STATE, and the CITY OF REXBURG,
The Parties mutually agree that it is in the public interest
to replace the traffic signal at the intersection of 2nd East and
1st North in Rexburg. New signal poles, mastarms, vehicle
detector loops, pedestrian controls, and service pedestal will be
installed at that location in accordance with the attached plans
entitled Exhibit "A", State-Aid Highway Project STM-7786(603).
Authority for this Agreement is established by Section 40-317
of the Idaho Code.
The Parties agree as follows:
SECTION I. That the STATE will:
1. Provide all funds necessary to design and construct the
project, including traffic signal installation, illumi-
nation, curb, gutter and sidewalk, and miscellaneous
specialty items necessary to complete the project.
2. Prepare the project plans and specifications in accordance
with the requirements of the Idaho Transportation Department
Standard Specifications for Highway Construction, 1999
edition.
3. Program the construction of the project, execute all
necessary agreements, and secure and fund any additional
right of way required for the project.
4. Advertise for construction of the project, open bids,
prepare a contract estimate of cost based on the successful
low bid, and notify the CITY thereof.
5. Award a contract for construction of the project based on
the successful low bid, if it is not over ten (10 ) percent
above the estimate for cost of construction.
ItD Register No..,._L~.,....~.
Cooperative Agreement
Traffic Signal, 2"`~ East & 1" North, Rexburg
Key No. 9394
6. Provide to the CITY a copy of the Contract Proposal form,
Notice to Contractors, and approved construction plans.
7. Designate a resident engineer and other personnel, as the
STATE deems necessary, to supervise and inspect construction
of the project in accordance with the plans, specifications
and estimates in the manner required by applicable State and
Federal regulations. This engineer, or his authorized
representatives, will prepare all monthly and final contract
estimates and change orders.
8. In cooperation with the CITY, establish and cause to be
maintained all detours deemed necessary to best serve the
public interests and to expedite the work.
9. Cause to be replaced to original, equal or better condition
any existing sidewalks, curb and gutter, pavement,
regulatory signs, sewer facilities, fences and other similar
items, except as hereafter stated as obligations of the
CITY, and excluding shrubs and other plantings within the
right-of-way, removed or damaged by construction operations.
10. Furnish and install all official guide signs at junctions of
the urban extensions to the state highway system and all
confirming and reassurance route markers and guide arrows
along the urban extensions of the state highway system
necessary to properly identify the STATE'S highways.
11. Through issuance of an Encroachment Permit, allow the CITY
to retain, maintain, connect to and improve all existing
CITY-owned water lines, storm sewers, and sanitary sewer now
in place on the state highway right-of-way.
12. Retain ownership of the vehicle and pedestrian heads,
controller and accessories (conflict monitors, load
switches, cameras, detector amplifiers, cabinet, service
pedestal, and Uninterrupted Power Supply components and
cabinet) for the traffic signal to be installed on the
project.
13. 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 construction and maintenance
of the work.
2 Cooperative Agreement
Trafftc Signal, 2"d East & 1'~ North, Rexburg
Key No. 9394
SECTION II. That the CITY will:
1. Hereby approve the plans.
2. Authorize the STATE to administer the project and make any
necessary changes and decisions within the general scope of
the plans and specifications.
3. Cooperate with the STATE in the selection and designation of
suitable detour routing during project construction.
4. Through appropriate ordinance and police power, cooperate
with and assist the STATE in prohibiting and removing
encroachments on any part of the state highway right-of-
way within the project limits.
5. Assume ownership of the traffic signal poles and mastarms
to be installed on the project.
6. Be responsible for maintenance of the curb, gutter and
sidewalk installed on the project within the CITY limits.
7. Obtain concurrence of the STATE before using the
traffic signal poles or mastarms for any purpose other
than to support traffic control devices or luminaries.
8. Maintain, erect or install within the project limits
only those traffic control devices, including signs, that
are in conformance with the Manual of Uniform Traffic
Control Devices for Streets and Highways, as adopted by the
STATE.
9. Comply with all pertinent sections of the STATE'S
Standard Specifications for Highway Construction in
accomplishing all future trench backfill and pavement
repairs on the state highways within the project limits.
10. Apply for an Encroachment Permit from the STATE before
installing or constructing. any new, or relocating any
existing sidewalk or any existing ~!~°~"~::-owned water line,
storm sewer or other facilities on the state highways within
the project limits.
11. Obtain concurrence from the STATE before vacating or
closing any right-of-way connecting to the state
highways within the project limits.
12. Obtain concurrence from the STATE before accepting any
new street or alley right-of-way connecting to the state
highways within the project limits.
3 Cooperative Agreement
Traffic Signal, 2"`t East & 1" North, Rexburg
Key No. 9394
13. Indemnify, save harmless and defend regardless of
outcome the STATE 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 ~ 1.'f'~( in the construction
of the work.
SECTION III. Both parties agree that:
1. Maintenance of the traffic signal and illumination installed
on the project shall be in accordance with the provisions of
the Cooperative Agreement dated August 4, 1999, and as
subsequently revised, covering traffic signals within the
CITY limits.
2. The traffic signal installation will not be altered or
abandoned without the prior concurrence of both parties.
3. 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 an equal basis 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 party.
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 party, it shall reimburse
the CITY the funds it advanced.
4. This Agreement shall become effective on the first date
mentioned above and shall remain in full force and affect
until amended or replaced upon the mutual consent of the CITY
and STATE.
4 Cooperative Agreement
Traffic Signal, 2"`~ East & 1 S` North, Rexburg
Key No. 9394
FXF!f`TTTT[~N
This Agreement is executed for the STATE by its Assistant
Chief Engineer (Development), 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 AS TO FORM:
r
eputy Attorn y General
ATTEST:
.
City Clerk
(Seal)
By regular/special meeting
on ~.- ((~-b~~
hm:9394 COOP.doc
IDAHO TRANSPORTATION DEPARTMENT
APPROVED BY:
Assistant Chief Engineer (Development)
RECOMMEN DE,~:
District ~laineer
CITY OF REXBURG
C ) ~
Gti..v-ti {--'i
Mayor
5 Cooperative Agreement
Traffic Signal, 2"`~ East & 1''` North, Rexburg
Key No. 9394
RESOLUTION
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 construction of a new traffic signal at the intersection of 2°d east
and 1St North within the CITY limits;
NOW, THEREFORE, BE IT RESOLVED:
That the Agreement for State Highway Project STM-778 6(603) is hereby
approved.
2. That the Mayor and the City Clerk are hereby authorized to execute the
Agreement on behalf of the CITY.
3. 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
~--~~0-0 S ,2005.
B~/{~, C ~ a
City Clerk