HomeMy WebLinkAboutRes. 05.04- Cooperative Agreement with the City and StateRESOLUTION- Q~
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 the installation of traffic signal, curb, gutter, and storm sewer on
the project; and
NOW, THEREFORE, BE IT RESOLVED:
That the Agreement for State-aid Project No. ST-7786(602) 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
f~ r' ~ (~ ~ SOS .
City Clerk
COOPERATIVE AGREEMENT
ST-7786(602)
SH-33, INT. 12W TO JCT US20, NEAR REXBURG
MADISON COUNTY
KEY NO. 9087
PARTIES
~~.
THIS AGREEMENT is made and entered into this _~_ day of
~'( , oZ~05, by and between the IDAHO TRANSPORTATION
DE ARTMENT, hereafter called the STATE, and the CITY OF REXBURG,
hereafter called the CITY.
PURPOSE
The- Parties mutually agree that it is in the public interest
to construct a traffic signal, storm sewer and other roadway
improvements at the intersection of SH-33 and 12th West. .The
project will also include curb and gutter installed on part of the
project, and an extension of the storm sewer, including manholes
and inlet boxes, as shown on the attached plans entitled Exhibit
"A", State-Aid Highway Project No. ST-7786(602).
.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. Not guarantee that State funds are available now or in
the future. In the event State funds are not available,
this Agreement is void.
2. Program and advertise for the construction of the
project, open bids, prepare a contract estimate of cost
based on the successful low bid, and notify the CITY
thereof.
3. 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.
4. Provide to the CITY a copy of the Contract Proposal form,
Notice to Contractors, and approved construction plans.
5. Assume its share of all construction and engineering
costs for the project, including road construction,
traffic signal installation, illumination, curb, gutter,
storm sewer, and miscellaneous specialty items necessary
to complete the project.
1 Cooperative Agreement (City of Rexburg
SH-33, Int. 12W to .Ict US20, Rexburg
~~ Key No. 9087
6. 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.
~. 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.
8. 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.
9. 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.
10. Permit 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.
11. 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.
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. Prior approval of
the CITY will be obtained if it is necessary, during the
life of the construction contract, to deviate from the
plans and specifications to such a degree that the
nature of the completed work will be significantly
changed.
2 Cooperative Agreement (City of Rexb urn
SH-33, Int. 12W to .Ict US20, Rexburg
Key No. 9087
3. Upon execution of this Agreement, pay to the STATE the
lump sum amount of $44,190.70. Costs are based on the
following items:
• 205-005A - Excavation - 5.7 CY
• 205-030A - Borrow - 28.7 CY
• 213-005A - Topsoil - 23 CY
• 303-015A - 3~" Aggregate Base - 45 CY
• 401-020A - CSS-1 Dil.Emul. Asphalt - 23 Gal
• 402-030A - Blotter - 2.28 TON
• 405-005A - Plant Mix Class 1 - 49 TON
• 405-180A - PG 70-28 Asphalt - 2.5 TON
• 405-230A -Anti-Strip Additive - 2.5 TOA
• 405-245A - Approach - 1 EA
• 615-430A - Curb & Gutter - 154 FT.
• 651-005A - Lawn (Seeded) - .058 ACRES
• Signal Installation
4. Cooperate with the STATE in the selection and designation
of suitable detour routing during project construction.
5. 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.
6. Be responsible for maintenance of the curb, gutter,
asphalt surface, and storm sewer installed on the
project within. the CITY limits.
7. Obtain concurrence of the STATE before using the traffic
signal poles or mast arms for any purpose other than to
support traffic control devices or Luminaires.
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.
3 Cooperative Agreement (City of Rexburg
SH-33, Int. 12W to .pct US20, Rexburg
Key No. 9087
10. Apply for an Encroachment Permit from the STATE before
installing or constructing any new, or relocating any
existing sidewalk or any existing CITY-owned water line,
storm sewer, sanitary 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.
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 CITY in the construction and
maintenance of the work.
SECTION III. Both parties agree that:
1. The traffic signal installation will not be altered or
abandoned without the prior concurrence of both parties.
2. Maintenance of the traffic signal will be in accordance
with the provisions contained in the attached Exhibit B,
Maintenance Responsibilities.
3. 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 (City of Rexburg
SH-33, Int. 12W to Jct US20, Rexburg
Key No. 9087
EXECUTION
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:
eputy ttor ey General
ATTEST:
meeting
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hm:9087 coop City.doc
IDAHO TRANSPORTATION DEPARTMENT
APPROVED BY:
f~"-~..
Assistant Chief Engineer
(Development)
RECOMMENDED:
Distric Engineer
CITY OF REXBURG
Ci w ~ u-
Mayor
5 Cooperative Agreement (City of Rexburg
SH-33, Int. 12W to Jct US20, Rexburg
Key No. 9087
EXHIBIT B
MAINTENANCE RESPONSIBILITIES
ST-7786(602)
SH-33, INT. 12W TO JCT US20, NEAR REXBURG
MADISON COUNTY
KEY NO. 9087
The STATE will be responsible for the following maintenance activities:
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-Tamping 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.
4. Bill the CITY quarterly for twenty (20) .percent of the cost to operate and maintain
the traffic signal. 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,
and credit for the CITY's share of the electricity costs 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 the intersections.
The CITY will be responsible for the following maintenance activities:
1. Provide a11_ electricity required to operate the traffic signal.
2. On a quarterly basis, provide to the STATE an itemization of city supplied signal
electricity.
Exhibit B
Maintenance Responsibilities
3. 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
Devises (MUTCD).
The following applies to both parties:
1. 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 parry, 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 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
p~'•
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.
Exhibit B
Maintenance Responsibilities