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RESOLUTION WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and City of Moscow, Idaho, hereafter called the CITY, for the Signalization of U.S. 95, intersection of Sweet Avenue and D 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 State Highway Project No. ST-411 0(629) 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 by the Idaho Transportation Department. CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at a r@IJ(duly called special (X-out non-applicable terrn) meeting of the City Council, City of Moscow held on Febr!!a ry , 1995. 95-25 ---PAGE BREAK--- PARTIES COOPERATIVE AGREEMENT (TRAFFIC CONTROL/SIGNALS) SWEET & STREET INT., MOSCOW ST-4110(629) LATAH COUNTY KEY NO. 6002 TxIS AGREEMENT is made and entered into thisday , 19, by and between the IDAHO TRANSPORTATION DEPARTMENT, hereafter called the STATE, and the CITY OF MOSCOW, hereafter called the CITY. PURPOSE The Parties mutually agree that it is in the public interest to construct improvements to the U.S. Highway 95 intersections of Sweet Avenue and Street, consisting of the installation of traffic signals within the CITY'S corporate limits, which im provements are to be made in accordance with the attached plans and specifications entitled EXHIBIT A, PROJECT NO. ST-4110(629). 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 intersections of U.S. Highway 95 with Sweet Avenue and with Street. Authority for this Agreement is established by Section 40- 317 of the Idaho Code. The Parties agree as follows: SECTION 1. That the STATE will: 1. Program the construction of the project and execute all necessary agreements with the Federal Highway Adminis tration. 2. 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. Obtain the CITY'S concurrence before awarding the contract, if the bid on the CITY'S participating con tract items exceeds the preliminary estimate by ten (10) percent. ---PAGE BREAK--- 5. Provide to the CITY a copy of: Contract Proposal form, Notice to Contractors and approved construction plans. 6. Assume its share of all construction and engineering costs for the project, including minor road reconstruc tion, traffic signal installation and miscellaneous specialty items necessary to complete the work. 7. Designate a resident engineer and other personnel, as the STATE deems necessary, to supervise and inspect construction on the project in accordance with the plans, specifications and estimates in the manner required by applicable state and federal regulations. This engineer, or his/her authorized representatives, will prepare all 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 junc tions 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. Permit the CITY to retain, maintain, connect to and improve all existing city-owned water, storm sewer, and sanitary sewers now in place on the state highway right-of-way. 12. Maintain complete accounts of all project funds re ceived and disbursed, which accounting will determine the final project costs. 13. Upon completion of the project, after all costs have been accumulated and the final voucher paid by the STATE, provide a statement to the CITY summarizing the estimated and actual costs, indicating an adjustment for or against the CITY. Any excess funds transmitted by the CITY and not required for the project will be returned. 14. Retain ownership of the controllers and cabinets for the traffic signals and maintain all programming for 2 ---PAGE BREAK--- the controllers with periodic reviews so as to accomplish the most efficient traffic flow. 15. Upon completion of construction and annually thereafter, perform a complete check of the traffic signal equipment and operation and also provide to the CITY replacement parts and lamps in accordance with Section II, Paragraph 8. At the request of the CITY, or should the CITY fail to perform the required maintenance as specified in Section II, Paragraph 8, the STATE will perform the required maintenance at CITY expense. 16. Indemnify, save harmless and defend regardless of the outcome the CITY from expenses of and against suits, actions, claims, or losses or 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 CITY'S share of the costs will be increased or the nature of the completed work is significantly changed. 3. Immediately following execution of this Agreement, pay the STATE the sum of ONE HUNDRED TWENTY THREE THOUSAND AND EIGHT HUNDRED DOLLARS ($123,800}, which is the CITY'S estimated share of the cost for Project ST- 4110(629}, as itemized on Exhibit "B " . 4. Upon approval of the lowest qualified bid received, if the CITY'S share exceeds the amount set forth in Section II, Paragraph 3, transmit to the STATE the CITY'S share of such excess cost. 5. Upon receipt of the statement referred to in Section I, Paragraph 13, indicating an adjustment in cost against the CITY, remit to the STATE a check or warrant in that amount. 6. Cooperate with the STATE in the selection and designation of suitable detour routing during project construction, if a detour should be required. 7. By appropriate ordinance and police action, cooperate with and assist the STATE in prohibiting and removing 3 ---PAGE BREAK--- encroachments on any part of the state highway right of-way within the project limits. 8. Upon request to energize, the CITY shall maintain the traffic signal where maintenance shall include upkeep of supports, as well as all other items which are an integral part of the installation, electrical energy costs, cleaning, lamp renewal, and other associated material and costs required to maintain the traffic signal in standard operation in conformance with the warrants justifying its existence. Traffic signal replacement parts and replacement bulbs shall be fur nished by the STATE. However, if at any time the CITY fails to maintain the installation in conformance with the above require ments, the necessary maintenance will be done by the STATE. The CITY agrees to reimburse the STATE for all costs so incurred. 9. Assume ownership of the traffic signals to be installed on the project, with the exception of the controller and cabinet, which are to be retained by the STATE as described in Section I, Paragraph 14. 10. 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. 11. Maintain, erect or install within the project limits only those traffic control devices, including signs, that are in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways, as adopted by the STATE. 12. Upon completion of the project, accept from the STATE, ownership of all highway and street lighting equipment to be installed in accordance with Exhibit and upon request to energize, assume all operation, 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. In the event that the "Average Maintained Foot-Candles" of the lighting system drops below seventy (70) percent of the original installed values, the CITY shall cause the light inten sity to be restored to approximately the original values. Any combination of relamping and/or cleaning of fixtures may be used to achieve the necessary de sired intensity. 13. Comply with all pertinent sections of the STATE'S Stan dard Specifications for Highway Construction in accom plishing all future trench backfill and pavement re pairs on the state highways within the project limits. 4 ---PAGE BREAK--- 14. Obtain concurrence of the STATE before installing or constructing any new, or relocating any existing side walk or any existing city-owned water, storm sewer, sanitary sewer of other facilities on to the state highways within the project limits. 15. Obtain concurrence from the STATE before vacating or closing any right-of-way connecting to the state high ways within the project limits. 16. Obtain concurrence from the STATE before accepting any new street or alley right-of-way connecting to the state highways within the project limits. 17. 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. Should any of the traffic signal installations 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 re sponsible party, and the STATE will attempt collection of the cost of repair or replacement. The Parties will share the costs of repair or replacement at 50:50 split, if: Collection can not be accomplished after a reason able attempt, or The damage or destruction was not caused by the wrongful or negligent act of a third party. The CITY and STATE agree to advance construction funds based upon their proportionate share of the cost from the responsible party. If the STATE is able to collect the cost of repair or replacement, it shall reirryurse the CITY the funds it advanced. 3. This Agreement shall become effective on the first date mentioned above and shall remain in full force and effect until amended or replaced upon the mutual con sent of the CITY and STATE. 5 ---PAGE BREAK--- EXECUTION This Agreement is executed for the STATE by its Chief Engineer; and executed for the CITY by the Mayor, attested to by the City Clerk, with the imprinted corporate Seal of the CITY OF MOSCOW. APPROVED AS TO FORM: Legal CounsE} ATTEST: Elaine Russell City Clerk meeting 6 IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: RECOMMENDED CITY OF MOSCOW /l Jll . ' ' 64 / ---PAGE BREAK--- EXIBIT INTERSECTION: D and MAIN- MOSCt. , INTERSECTION: US95 and SWEET- MOSCOW Distribution of Cost Materials Furnished by STATE @ D Street $22,500 Controller & Cabinet $12,500 Poles $10,000 Labor by State Forces $1,500 Geometric Changes Contract Bid Cost for D Street 10% Mobilization Total Contract Bid Cost forD Street State Participation @ D Street @ 50% Estimated State Labor $1,500 Estimated State Furnished Mat'l. $22,500 State Share of Est. Cost @ D $61,925 Estimated State Costs City Participation @ D Street @ 50% $84,425 Total Estimated City Costs $45,500 $85,500 $15,350 $168,850 $85,925 $84,425 Materials Furnished by STATE @ Sweet Ave. $22,000 Controller & Cabinet $11,500 Poles $7,500 Camera and FM $3,000 Transmitter/Receiver Labor by State Forces $1,000 Geometric Changes Contract Bid Cost for Sweet Ave. 10% Mobilization Total Contract Bid Cost for Sweet Ave. State Participation @ Sweet Ave. @ 66.67% Estimated State Labor $1,000 Estimated State Furnished Mat'l. $19,000 State Share of Est. Cost @ Sweet $56,899 Estimated State Costs City Participation @ Sweet Ave. @ 33.3% Total Estimated City Costs Total State Participation Total City Participation Total Contract Estimated Costs $39,449 $22,500 $63,100 $10,760 $118,360 $76,899 $39,449 $162,900 $123,800 $286,700