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LOCAl ROADS. . Register 1 _ COOPERATIVE AGREEMENT (TRAFFIC CONTROLS/SIGNALS) STATE HIGHWAY 8 AND BLAINE STREET CITY OF MOSCOW I·J·J q-.l LOCAL ROADS \ ' PARTIES Register* ,357 b This agreement is made and entered into this Z 7Ji day of fYl;o-,y . 1994. by and between the IDAHO TRANSPORTATJON DEPARTMENT. hereafter called the STATE. and the CITY OF MOSCOW. hereafter called the CITY. PURPOSE The Parties mutually agree that because of commercial and residential development on Blaine Street. it is in the public interest to construct and operate a traffic signal installation within the CITY'S corporate limits. The CITY. by authority of Title 50. Idaho Code. may adopt and enforce traffic control ordinances within its corporate limits in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways, as adopted by the STATE. Warrants and vehicular safety considerations exist to justify the installation of traffic signals at the intersection of State Highway 8 and Blaine Street. Authority for this Agreement is established by Section 40-317 of the Idaho Code. The Parbes agree as follows: SECTJON I. That the STATE wm: 1. Prepare. install. and maintain traffic signal timing plans. 2. Furnish and install permanent roadway signing and pavement markings in accordance with the construction plans and the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD). 3. Assume ownership of the complete signal installation. except luminaries, after final acceptance inspection and upon 14 consecutive days of normal operation without failure. 4. Upon request by the CITY. furnish at no cost to the CITY. replacement parts for 1 94-44 ---PAGE BREAK--- SECTlON 1. (Cont} the signal equipment listed in Section Paragraph 3 above, deemed necessary to maintain standard operation of the equipment with the exception of traffic signal lamps. Replacement parts shalJ normalJy consist of individual components rather than the equipment as a complete unit. 5. Upon request of the CITY. at CITY expense. perform the necessary maintenance to provide standard operation of the traffic signal installation. SECTION II. That the CITY will: 1. Hereby approve the plans, select the contractor. and provide construction inspection. 2. Accept ownership of all highway and street lighting equipment and upon request to energize, assume all operaUon and the costs thereof required to maintain the equipment in continuous service during the hours of darkness. and not remove, alter, or abandon the lighting equipment without the proper concurrence of the STATE. ln the event that the "Average Maintained Foot-Candles!' of the lighting system drops below seventy (70} percent of the original installed values, the CITY sha1l cause the light intensity to be restored to approximately the original values. Any combination of relamping and/or cleaning of nxtures may be used to achieve the necessary intensity. 3. Upon request to energize, assume all operaUon and maintenance responsibiliUes, as outlined in the current Cooperative Maintenance Agreement between the CITY and the STATE, and costs thereof required to operate the traffic signal, except as provided in Section I. Paragraphs 1 and 4. daily monitor its operation. and maintain the traffic signal equipment as installed in continuous operation in conformance with warrants justifying its existence and the requirements of the Manual on Unjform Traffic Control Devices for Streets and Highways, as adopted by the STATE. However, if at any tlme the CITY fails to maintain the instalJation in conformance with the above requirements. the necessary maintenance will be done by the STATE. The ClTY agrees to reimburse the STATE for all costs so incurred. 4. Use traffic signal poles and mastarms only for the purpose of supporting tramc control devices or luminaries. 5. Maintain, erect, or install within the project Hmits only those traffic control devices. including signs, that are in conformance with the Manual on Uniform 2 ---PAGE BREAK--- SECTION II. (Cont.) Traffic Control Devices for Streets and Highways, as adopted by the STATE. 6. Comply with all pertinent secUons of the STATE'S Standard Specifications for Highway Construction in accomplishing all future trench backfill and pavement repairs on the state highway within the project limits. 7. Obtain concurrence of the STATE before installing or constructing any new or relocating any existing sidewalk or any existing city-owned water. storm sewer. sanitary sewer. or other facilities on the state highway within the project limits. 8. Obtain concurrence from the STATE before vacating or closing any right-of-way connecting to the state highway within the project limits. 9. Obtain concurrence from the STATE before accepting any new street or a11ey right-of-way connecUng to the state highway within the project limits. 10. 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 failure of the CITY to maintain the installation in conformance with the requirements of this Agreement. SECTION Ill. All Parties agree that: 1. The traffic signal installation wi]] not be altered or abandoned without the prior concurrence of both parties. 2. 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 responsible party, and the CITY will attempt collection of the cost of repair or replacement. The STATE and the CITY will share costs of repair or replacement equally if: Collection cannot be accomplished after reasonable attempt, or The damage or destruction was not caused by the wrongful or negligent act of a third party. 3. This Agreement shall become effective on the first date mentioned above and shall remain in full force and effective until amended or replaced upon the mutual consent of both Parties. 3 ---PAGE BREAK--- EXECUTION This Agreement is executed for the STATE by its State Highway Administrator and executed for the CJTY by the Mayor. attested to by the City Clerk. with the corporate Seal of the ClTY OF MOSCOW. APPROVED AS TO FORM: ATTEST: City Clerk (Seal) r;-g.Jar By¼½ meeting on May 2. l 994 4 lDAHO TRANSPORTATlON DEPARTMENT APPROVED BY: k &oeaiRoads Engineer ClTY OF MOSCOW 7 Mayor ---PAGE BREAK--- RESOLUTION 94-10 WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the City of Moscow hereafter called the CITY, for the. construction and operation of a traffic signal installhtion at the intersection of State Highway 8 and Blaine Street; WHEREAS, certain functions to be performed by the STATE involve the expenditure of funds as set forth in the Agreement; and WHEREAS, the STATE can only pay for work associated with the State Highway system; and WHEREAS, the CITY is fully responsible for its share of project costs; NOW, THEREFORE, BE IT RESOLVED: 1. That the Agreement for the State Highway Program 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 STATE. CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at aR@qular(X-out non-applicable term) meeting of the City Council, CITY OF MOSCOW, Idaho, held on May 2, 1994. r::;+p)L4, City