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4-98 COOPERATIVE AGREEMENT (Traffic Signal) NH-4114(062) MOSCOW COUPLET SOUTH CONNECTION LATAH COUNTY KEY N0.2483 ESIGN PARTIES THIS AGREEMENT is made and entered into this day of J!Trtv , 1992:, hy and between the IDAHO TRANSPORTATION DEPARTMENT, hereafter cal!tld the STATE, and the CITY OF MOSCOW, hereafter called the CITY. PURPOSE This Agreement is entered into for the purpose of complying with certain provisions of the Federal-Aid Highway Act in obtaining federal-aid to construct the project. The Parties mutually agree that it is in the public interest to construct improvements to the US Highway 95 intersection with State Highway 8 within the CITY's corporate limits, which improvements are to be made in accordance with the attached plans entitled Exhibit Federal Aid Highway Project No. NH-41 14(062). 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. WatTants and vehicular safety considerations exist to justify the installation of a traffic signal at the junction of US Highway 95 and State Highway 8. Authority for this Agreement is established by Section 40-3 17 of the Idaho Code. The Parties agree as follows: SECTION I. That the STATE will: 1. Assume no responsibility for the timely performance of this Agreement. In the event federal-aid is unavailable, this Agreement is void. 2. Program the construction of the project and execute all necessary agreements with the Federal Highway Administration, securing the federal government's pro rata participation in the eligible construction costs. 99-:l1 ---PAGE BREAK--- 3. Assume all costs for the design and construction of the project as defined in Agreement No. 4015. 4. Advertise for the construction of the project, open bids, and notify the CITY thereof. 5. Provide to the CITY a copy of the Contract Proposal form, Notice to Contractors, and approved construction plans. 6. In cooperation with the CITY, establish and cause to he maintained all detours deemed necessary to best serve the public interests and to expedite the work. 7. 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. 8. Retain ownership of the controller and cabinet for the traffic signal to be installed and maintain all programming for the controller with periodic reviews so as to keep the traffic signal, as installed, in continuous operation in conformance with the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, as adopted by the STATE and accomplish the most efficient traffic flow. 9. Train representatives designated by the CITY on emergency procedures related to signal shutdown or partial operation due to power failure, accidents, or equipment malfunction (including the replacement of lamps). 10. 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 may perform the required maintenance at CITY expense. II. 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: I. Hereby approve the plans. - 2 - ---PAGE BREAK--- 2. Cooperate with the STATE in the selection and designation of suitable detour routing during project construction. 3. 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. 4. Upon request to energize, assume all energy costs required to operate the traffic signal, and daily monitor its operation, and perform emergency measures as necessary in accordance with Exhibit including the prompt notification to the STATE of any equipment malfunction or required maintenance. 5. Assume ownership of the traffic signal 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 8. 6. Obtain concurrence of the STATE before using the traffic signal poles or mastarms for any purpose other than to support traffic control devices or luminaires. 7. 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, adopted by the STATE. 8. 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 prior 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 intensity to be restored to approximately the original values. Any combination of relamping and/or cleaning of fixtures may be used to achieve the necessary desired intensity. 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. 1 0. Obtain concurrence of 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. II. Obtain concurrence from the STATE before vacating or closing any right-of-way connecting to the state highways within the project limits. ---PAGE BREAK--- 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: I. The traffic signal installation will not be altered or abandoned without the prior concurrence of both parties. 2. Should any of the traffic sigual 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, at a 50:50 split if: Collection can not be accomplished after reasonable 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 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. 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. ---PAGE BREAK--- 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 CITY OF MOSCOW. APPROVED: ATTEST: (Seal) By J:ef1'brtuJilecJvJ;peeting on I h '1h , hm:2483 coop d2.doc IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: RECOMMENDED: CITY OF MOSCOW -5 - ---PAGE BREAK--- EXHIBIT EMERGENCY TRAFFIC SIGNAL PROCEDURES I. For the Joss of all signal indications: A. Check for possible Joss of power. B. If there is no power outage in the area, switch signal to the flashing mode by manipulating switch inside police panel. C. If signal will not flash, install stop signs on cross streets. D. Call out the CITY's designated Signal Maintenance Respondent. E. Notify theSTATE. II. For the partially operating signal: A. With one or more signal lamps not working, replace signal lamps. B. That has other malfunctions, switch to flashing mode by manipulating switch inside police panel. C. Call out the CITY's designated Signal Maintenance Respondent. D. Notify the STATE. ill. For damage from an accident: A. With minor damage to controller, but no apparent damage to wiring, switch to flashing mode by manipulating switch inside police panel. B. Witb damage to wiring, disconnect power and install stop signs on cross streets. C. Call out the CITY's designated Signal Maintenance Respondent. D. Notify the STATE. E. Obtain accident information and forward a report to the STATE within ten days of the accident. IV. When emergency maintenance is required, notify the Idaho Transportation Department, District 2 Traffic Engineer in Lewiston, telephone number [PHONE REDACTED].